Huntingdon & Broad Top Mountain Railroad & Coal Co. v. Decker
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county: Of May Term 1876, No. 1. Case by Mary Decker against the Huntingdon and Broad Top Mountain Railroad and Coal Company, to recover damages for herself and her two minor children for the death of her husband, Adolphus Decker, who was killed in a collision upon the defendant’s railroad.
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Error to the Common Pleas of Huntingdon county: Of May Term 1876, No. 1. Case by Mary Decker against the Huntingdon and Broad Top Mountain Railroad and Coal Company, to recover damages for herself and her two minor children for the death of her husband, Adolphus Decker, who was killed in a collision upon the defendant’s railroad. Decker was engineer on the locomotive of a freight train on the defendant’s road, and was killed on November 21st 1872, by a collision between his train and another train on the same road. At the time of his death he was running upon what was called the Cumberland…
1Opinion of the CourtJustice Mercur
The first assignment of error is to the admission of the declarations of the superintendent of the company, made on the day after the accident.
It is a well-established rule that the declarations of an agent, made at the time of the particular transaction which is the subject of inquiry, and while acting within the scope of his authority, may be given in evidence against his principal, as a part of the res gestee. It is equally as well settled that the declarations of an agent, made after the transaction is fully completed and ended, are not admissible: Magill v. Kauffman, 4 S. & R. 320; Hough…
2Cases cited5 opinions
- Bank of Northern Liberties v. DavisSupreme Court of Pennsylvania · 1843
- Shaeffer v. KreitzerSupreme Court of Pennsylvania · 1814
- Unangst v. KraemerSupreme Court of Pennsylvania · 1845
- Hough v. DoyleSupreme Court of Pennsylvania · 1833
- Clark v. BakerSupreme Court of Pennsylvania · 1837
3Cited by11 opinions
- Dempsey v. Walso Bureau, Inc.Supreme Court of Pennsylvania · 1968
- Hamory v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1909
- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912
- Erie & W. V. R. v. SmithSupreme Court of Pennsylvania · 1889
- Rosenstiel v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
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