Longenecker v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cheater county: Of January Term, 1884, No. 159. This was an action of trespass on the case, by Henry E. Longenecker, and Mary his wife, against the Pennsylvania Railroad Company, to recover damages for the death of the plaintiff’s minor son, caused, as alleged, by the negligent running of a train on the defendant’s railroad.
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Error to the Court of Common Pleas of Cheater county: Of January Term, 1884, No. 159. This was an action of trespass on the case, by Henry E. Longenecker, and Mary his wife, against the Pennsylvania Railroad Company, to recover damages for the death of the plaintiff’s minor son, caused, as alleged, by the negligent running of a train on the defendant’s railroad. On the trial, the evidence on behalf of the plaintiffs was to the following effect: On the morning of October 10, 1882, Harry Longenecker, twelve years of age, was driving a team of mules in a lime wagon on the public road where it…
1Opinion of the CourtJustice Sterrett
It may be safely assumed that no purely legal question of contributory negligence was raised by the evidence in this case. The testimony tended to prove that, at the time of the accident, plaintiffs’ minor son was engaged in driving his father’s team on the public road that crosses defendant company’s railroad at grade, half mile west of Berwyn, in one of the most densely populated rural districts of the county. The road in question, being the main thoroughfare between Norristown and West Chester, is much travelled by the public. At the point of crossing there are three tracks on which trains…
2Cited by18 opinions
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- Tolomeo v. Harmony Short Line Motor Transportation Co.Supreme Court of Pennsylvania · 1944
- Paul Klink, Administrator of the Estate of Mona McCauley Deceased v. Nancy L. HarrisonCourt of Appeals for the Third Circuit · 1964
- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
- Williams v. PittsburghSupreme Court of Pennsylvania · 1944
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