Weaver v. Iselin
Supreme Court of Pennsylvania
Appeal, No. 114, July T., 1893, by defendant, Adrian Iselin, from judgment of C. P. Clearfield Co., Feb. T., 1893, No. 206, on verdict for plaintiff, George C. Weaver. Trespass for death of plaintiff’s son.
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Appeal, No. 114, July T., 1893, by defendant, Adrian Iselin, from judgment of C. P. Clearfield Co., Feb. T., 1893, No. 206, on verdict for plaintiff, George C. Weaver. Trespass for death of plaintiff’s son. Before Krebs, P. J. The facts appear by the following charge : “ John Donahue was a driver in the mine, and on the date of the accident was proceeding with a train of four empty cars ■coming from the mouth of the drift of the mine entering into ■the mine; and, according to the description here, which is not contradicted, he was passing up the right main heading to a point where they switch…
1Opinion of the Court
Per Curiam,
We have no doubt as to the right of the plaintiffs to amend, in the manner proposed, even at this stage of the case. It appearing that the name of Susanna Weaver, wife of plaintiff George Weaver, was omitted from the record by mistake, and counsel having moved to amend by adding her name as one of the plaintiffs, it is ordered that the record be amended accordingly.
We are satisfied from an examiñation of the record that this case depended on questions of fact which were clearly for the exclusive determination of the jury. The controlling questions were, on the one hand, the alleged…
2Cited by10 opinions
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- Bracken v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
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