Cleary v. Phila. etc. R. Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. . No. 25 July Term 1890, Sup. Ct.; court below, No. 170 June Term 1888, C. P. No. 3. On May 17, 1888, Anna Cleary brought trespass against the Philadelphia & Reading Railroad Company, to recover damages incurred by the death of her husband, Martin Cleary, charged to the negligence of the defendant company. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. . No. 25 July Term 1890, Sup. Ct.; court below, No. 170 June Term 1888, C. P. No. 3. On May 17, 1888, Anna Cleary brought trespass against the Philadelphia & Reading Railroad Company, to recover damages incurred by the death of her husband, Martin Cleary, charged to the negligence of the defendant company. Issue. At the trial, on January 29, 1890, the plaintiff submitted evidence of facts, which, as stated in the “ History of the Case ” presented on her behalf, were as follows: “ Martin Cleary was a coal and lime…
1Per curiam
The history of the case, as it appears in the paper-book, is sufficient to justify the nonsuit entered by the court below. In attempting to cross Ninth street, the plaintiff’s husband was killed by a moving train. His place of business was at the northwest corner of Ninth and Thompson, so that he was thoroughly familiar with the location. With the safety gates down, he started to cross the road at a point where there are four tracks. While he was looking at one train he was struck by another. He knew that the lowering of the gates was a danger signal; that it signified the occupation of the…
2Cited by7 opinions
- Texas & New Orleans Railroad v. BurdenTexas Supreme Court · 1947
- Gulf, C. & S. F. Ry. Co. v. GaddisTexas Commission of Appeals · 1919
- Sheehan v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1895
- Witiak v. Delaware & H. R. Corp.District Court, M.D. Pennsylvania · 1945
- Witiak v. Delaware & Hudson R. R.Court of Appeals for the Third Circuit · 1946
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