Dollar Savings Fund & Trust Co. v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 201, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., April T., 1919, No. 2188, on verdict for plaintiff, in case of Dollar Savings Fund & Trust Company, Executor of William H. White, deceased, v. Pennsylvania Co. Trespass under Federal Employers’ Liability Act for death. Before Haymaker, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $8,000, on which judgment was entered for $6,500. Defendant appealed.
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Appeal, No. 201, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., April T., 1919, No. 2188, on verdict for plaintiff, in case of Dollar Savings Fund & Trust Company, Executor of William H. White, deceased, v. Pennsylvania Co. Trespass under Federal Employers’ Liability Act for death. Before Haymaker, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $8,000, on which judgment was entered for $6,500. Defendant appealed. Error assigned, inter alia, was refusal of motion for judgment n. o. v., quoting record.
1Opinion of the Court
Per Curiam,
Plaintiff’s decedent, with others of the train crew of which he was a member, was engaged in shifting cars from a main track over a switch into an industrial plant and while so occupied received injury from which he died two hours later. A verdict was rendered in favor of plaintiff for $8,000 which the court reduced to $6,500. From judgment entered thereon defendant appealed.
The facts are practically undisputed and are as follows : Two cars, a gondola and box ear, were detached from a train to be placed in the yard of an industrial plant. Running along the track of the switch was a…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- Swartz v. Bergendahl-Knight Co.Supreme Court of Pennsylvania · 1918
3Cited by3 opinions
- Owens v. Union Pacific RailroadSupreme Court of the United States · 1943
- Taylor v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1923
- Williams v. LewineSuperior Court of Pennsylvania · 1923