Ash v. Wilmington & Northern R. R.
Supreme Court of Pennsylvania
Appeal, No. 416, Jan. T., 1891, by-defendant, from judgment of C. P. Chester Co., Oct. T., 1890, No. 56, on verdict for plaintiff, Mary M. Ash. Trespass for damages for death of plaintiff’s husband. The facts appear by the opinion of the Supreme Court. Defendant’s points were as follows : “ 1. The testimony does not show any such negligence on the part of the defendant as will entitle the plaintiff to recover. Answer: We cannot affirm that point.
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Appeal, No. 416, Jan. T., 1891, by-defendant, from judgment of C. P. Chester Co., Oct. T., 1890, No. 56, on verdict for plaintiff, Mary M. Ash. Trespass for damages for death of plaintiff’s husband. The facts appear by the opinion of the Supreme Court. Defendant’s points were as follows : “ 1. The testimony does not show any such negligence on the part of the defendant as will entitle the plaintiff to recover. Answer: We cannot affirm that point. We think there is evidence in the cause to submit to you upon the question of negligence upon the part of the defendant. But as we have said to you,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff’s husband was crushed under the cars of the defendant company, and this action was brought by her to recover damages. The cars were at the time upon a siding or track belonging to the rolling mill of Kurtz & Son, and the plaintiff alleged that the death of her husband was due to the negligent handling of the cars, and to the neglect to give warning that the work of shifting the cars was in progress. The de*136fendant denied the want of care by its servants, alleged that the cars were properly handled and the necessary signals given, and asserted that…
2Cited by5 opinions
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