Webb v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal. No. 44, Jan. T., 1902, by plaintiff, from order of C. P. Delaware Co., Dec. T., 1898, No. 157, refusing to take off nonsuit in case of Isabella M. Webb v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
George Webb, the husband of plaintiff, was driving his team on a country road parallel with defendant’s railroad; he was approaching Bingen station and about 400 yards from it. While Webb was opposite a deep cut on the highway above the railroad, the engineer of a locomotive, drawing a train, which had just left the station, and was about entering the cut, loudly blew the steam whistle; at the same time the locomotive emitted a considerable volume of smoke and steam. Webb's horse took fright, ran away and he was killed. His widow brings this suit against the…
2Cases cited4 opinions
- Simmons v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1901
- Philadelphia, Wilmington & Baltimore Railroad v. StingerSupreme Court of Pennsylvania · 1875
- Pennsylvania Railroad v. BarnettSupreme Court of Pennsylvania · 1868
- Farley v. HarrisSupreme Court of Pennsylvania · 1898
3Cited by5 opinions
- Hudson v. GraceSupreme Court of Pennsylvania · 1943
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Bracken v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1906
- Hollihan v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
- Atchison, Topeka & Santa Fe Railway Co. v. WalkenshawSupreme Court of Kansas · 1905