Patterson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 79 and 103, Oct. T., 1904, by defendant, from judgment of C. P. Washington Co., Nov. T., 1903, Nos. 121 and.122, on verdicts for plaintiffs in cases of Josiah Patterson and Clara B. Patterson v. Pittsburg, Cincinnati, Chicago and St. Louis Railway Company. Trespass to recover damages for the deaths of John T. Patterson, husband of plaintiff, Clara B. Patterson, and Samuel W. Patterson, son of Josiah Patterson.
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Appeals, Nos. 79 and 103, Oct. T., 1904, by defendant, from judgment of C. P. Washington Co., Nov. T., 1903, Nos. 121 and.122, on verdicts for plaintiffs in cases of Josiah Patterson and Clara B. Patterson v. Pittsburg, Cincinnati, Chicago and St. Louis Railway Company. Trespass to recover damages for the deaths of John T. Patterson, husband of plaintiff, Clara B. Patterson, and Samuel W. Patterson, son of Josiah Patterson. Before Mc-Ilvaine, P. J. At the trial it appeared that on July 4, 1903, at about noon, John T. Patterson and Samuel Patterson while riding in a wagon were killed at a…
1Opinion of the Court
Per Curiam,
These two cases grew out of the same accident and raise the same question.
The plaintiff was entitled to go to the jury on the presumption that the deceased did his duty to “ stop, look and listen ” before driving on the tracks. Whether that presumption was rebutted was for the jury unless the evidence to the contrary was clear, positive, credible, and either uncontradicted or so.indisputable in weight and amount as to justify the court in holding that a verdict against it* must be set aside as a matter of law. The testimony in this cáse falls short of that standard; *49Three witnesses…
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- Giles v. BennettSupreme Court of Pennsylvania · 1929
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