Darbrinsky v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 137, Oct. T., 1914, by plaintiff, from judgment of C. P. Lawrence Co., Dec. T., 1910, No. 95, refusing to take off nonsuit, in case of Lena Darbrinsky v. The Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s minor son. Before Porter, P. J. The opinion of the Supreme Court states the facts. See Darbrinsky v. Pennsylvania Co., 247 Pa. 177. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off.
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Appeal, No. 137, Oct. T., 1914, by plaintiff, from judgment of C. P. Lawrence Co., Dec. T., 1910, No. 95, refusing to take off nonsuit, in case of Lena Darbrinsky v. The Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s minor son. Before Porter, P. J. The opinion of the Supreme Court states the facts. See Darbrinsky v. Pennsylvania Co., 247 Pa. 177. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On December 13, 1909, the plaintiff’s ten year old son was killed with his father, in a collision between a wagon driven by the latter and a train of the defendant company. In the suit to recover for the death of the *505plaintiff’s husband (Darbrinsky v. Pennsylvania Co., 247 Pa. 177), we affirmed a compulsory nonsuit, saying, “We cannot regard this case in any other light than that of a driver.......thoughtlessly and carelessly driving right in front of a moving train.” The present action was instituted by the mother to recover damages for the loss of the child…
2Cases cited11 opinions
- Hill v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
- Gress v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910
- Hughes v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1896
- City of Bradford v. DownsSupreme Court of Pennsylvania · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Keena v. United RailRoads of San FranciscoCalifornia Court of Appeal · 1922
- Klepper v. BreslinSupreme Court of Florida · 1955
- Smith v. Philadelphia Transp. Co.Court of Appeals for the Third Circuit · 1949
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
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