Pennsylvania Railroad v. Shay
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1876, No. 98. This was an action on the case, brought November 14th 1874, by Shay against the Pennsylvania Railroad Company, to recover damages for the death of his son, about ten years of age.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1876, No. 98. This was an action on the case, brought November 14th 1874, by Shay against the Pennsylvania Railroad Company, to recover damages for the death of his son, about ten years of age. At the trial before Henderson, J., it appeared that on the morning of June 6th 1874, a passenger train on the defendant’s road, passing through a sparsely settled district within the city limits of Harrisburg, ran over and killed the plaintiff’s son while .walking uppn the defendant’s track; further, that as soon as the engineer observed…
1Opinion of the CourtJustice Sharswood
The only error assigned is to the charge of the court on the subject of the release by the plaintiff given in evidence by the defendant. Its execution was not denied. It was submitted to the jury to find whether it was obtained by fraud. There was no evidence given upon the trial, as far as appears upon this record, to justify such a submission. The learned judge himself said in his charge: “ Whilst the credibility of the witnesses and weight of evidence is for you, we do not hesitate to say that we fail to see any sufficient evidence to justify the jury in a conclusion of fraud to set aside…
2Cases cited1 opinion
- Stine v. SherkSupreme Court of Pennsylvania · 1841
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- Johnson v. AllenUtah Supreme Court · 1945
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