Lederman v. Penna. Railroad
Supreme Court of Pennsylvania
Appeal, No. 38, Jan. T., 1894, by defendant, from judgment of C. P. Lancaster Co., Sept. T., 1891, No. 5, on verdict for plaintiffs. Trespass for death of child. Before Livingston, P. J. At the trial, it appeared that, on July 3, 1891, plaintiffs’ son, a boy four years and eight months old, was killed at a point in the city of Lancaster where defendant railroad crosses diagonally the intersection of North Prince street and West Walnut street.
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Appeal, No. 38, Jan. T., 1894, by defendant, from judgment of C. P. Lancaster Co., Sept. T., 1891, No. 5, on verdict for plaintiffs. Trespass for death of child. Before Livingston, P. J. At the trial, it appeared that, on July 3, 1891, plaintiffs’ son, a boy four years and eight months old, was killed at a point in the city of Lancaster where defendant railroad crosses diagonally the intersection of North Prince street and West Walnut street. No safety gates were maintained at the crossings, which were guarded by one watchman, a man some seventy-five years old. The boy ivas struck by two cars…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
About a half a mile from Lancaster station two cars were detached from the seashore express in order to allow the Philadelphia coach of the Columbia train to be connected with it ahead of them. . From the point of severance to the station there was a descending grade, and the railway tracks crossed three streets diagonally. When the detached cars were between Lemon and Walnut streets the brake was “ thrown off to get a little more momentum and headway,” and at the crossing of the latter they ran over and killed the plaintiff’s child. There were no gates at this…
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