Serfas v. Lehigh & New England Railroad
Supreme Court of Pennsylvania
Appeal, No. 83, Jan. T., 1921, by plaintiff, from judgment of C. P. Northampton Co., Sept. T., 1918, No. 71, for defendant n. o. v., in case of Emma A. Serías y. Lehigh & New England Railroad Co. Trespass for death of plaintiff’s husband. Before Stewart, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $15,000. The court entered judgment for defendant n. o. v.: See 17 Northampton Co. R. 276. Plaintiff appealed.
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Appeal, No. 83, Jan. T., 1921, by plaintiff, from judgment of C. P. Northampton Co., Sept. T., 1918, No. 71, for defendant n. o. v., in case of Emma A. Serías y. Lehigh & New England Railroad Co. Trespass for death of plaintiff’s husband. Before Stewart, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $15,000. The court entered judgment for defendant n. o. v.: See 17 Northampton Co. R. 276. Plaintiff appealed. Error assigned, inter alia, was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This suit grows out of a grade crossing accident. There is an improved public highway extending from Bath easterly to Nazareth, in Northampton County; about 80 rods north of this road is the plant of the Penn Allen Cement Company. To reach the plant from its main line, defendant has a switch crossing the highway at grade. On the evening of December 5,1917, plaintiff’s husband, Lloyd Serías, while driving a Peerless automobile easterly upon this highway, accompanied by his brother, was struck and killed by a gondola car which, with other cars, was being backed…
2Cases cited11 opinions
- Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
- Aiken v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Mine v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Morehouse v. City of EverettWashington Supreme Court · 1926
- Schwartz v. JaffeSupreme Court of Pennsylvania · 1936
- Weston v. . R. R.Supreme Court of North Carolina · 1927
- Simrell Et Ux. v. EschenbachSupreme Court of Pennsylvania · 1931
- Pennsylvania Railroad Co. v. HussIndiana Court of Appeals · 1932
43 more not listed; retrieve them via the Exa API.