Martin v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 277, Jan. T., 1919, by plaintiff, from judgment of C. P. Fayette Co., Sept. T., 1915, No. 532, refusing to take off compulsory nonsuit in case of Pearl Belle Martin v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Van Swearingen, P. J. The court granted a compulsory nonsuit on account of decedent’s contributory negligence, which it subsequently refused to take off. Plaintiff appealed.
Read the full summary
Appeal, No. 277, Jan. T., 1919, by plaintiff, from judgment of C. P. Fayette Co., Sept. T., 1915, No. 532, refusing to take off compulsory nonsuit in case of Pearl Belle Martin v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Van Swearingen, P. J. The court granted a compulsory nonsuit on account of decedent’s contributory negligence, which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This case grows out of a grade crossing accident. Defendant’s railway extending southerly from Connellsville crosses the public highway in question at grade, with a main track and a siding, the latter being about fifteen *284feet west of the former. To the west of the siding the view to the north is obstructed by a building and that to the south by a high board fence along the south side of the highway, which extends east to within twenty-five feet of the main track. The eastbound traveler has a good view of the tracks to the south while passing over the twenty-five…
2Cases cited7 opinions
- Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
- Azinger v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1918
- Hardie v. BarrettSupreme Court of Pennsylvania · 1917
- Dunlap v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Vocca v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rodgers Et Ux. v. SaxtonSupreme Court of Pennsylvania · 1931
- Alperdt Et Ux. v. PaigeSupreme Court of Pennsylvania · 1927
- Kilpatrick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Minnich v. Easton Transit Co.Supreme Court of Pennsylvania · 1920
- Johnson v. HetrickSupreme Court of Pennsylvania · 1930
17 more not listed; retrieve them via the Exa API.