Kilpatrick v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 33, Oct. T., 1913, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1909, No. 486, on verdict for plaintiffs in case of Patrick Kilpatrick and Mary Kilpatrick, his wife, v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiffs’ son. Before Magill, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $1,500. Defendant appealed.
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Appeal, No. 33, Oct. T., 1913, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1909, No. 486, on verdict for plaintiffs in case of Patrick Kilpatrick and Mary Kilpatrick, his wife, v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiffs’ son. Before Magill, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $1,500. Defendant appealed. Error assigned was in refusing binding instructions for defendant. cited: Keller v. Ry. Co., 214 Pa. 82; Oil City & Petroleum Bridge Co. v. Jackson, 114…
1Opinion of the Court
Opinion by
Orlady, J.,
This action is brought by the plaintiffs to recover damages for the loss of life of their son, nine years and *401ten months old, who was killed shortly after noon on September 20, 1909. The facts are undisputed. The defendant offered no testimony, but submitted a point asking for binding instructions to the jury to find for the defendant, which was refused by the court and a verdict recovered in favor of the plaintiffs in the sum of $1,500. A motion for judgment non obstante veredicto was overruled and judgment entered upon the verdict from which the defendant appeals.
The…
2Cases cited5 opinions
- Rachmel v. ClarkSupreme Court of Pennsylvania · 1903
- Philadelphia & Reading Railroad v. SpearenSupreme Court of Pennsylvania · 1864
- Commonwealth v. McNaugherSupreme Court of Pennsylvania · 1890
- Kessler v. BergerSupreme Court of Pennsylvania · 1903
- Stahle v. PothSupreme Court of Pennsylvania · 1908