Legal Opinion

Weiss v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided October 21, 1875PublishedCited by 3 opinions

Error to the Court of Common Pleas of Erie county: Of October and November Term 1875, No. 221. This was an action on the case, commenced October 18th 1871, by Katharina Weiss, widow of Jacob Weiss, deceased, and Anna Weiss and others, minor children of said deceased, against The Pennsylvania Railroad Company. . The action was brought to recover damages for the killing of the deceased by one of the defendants’ trains, as was alleged through negligence.

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Error to the Court of Common Pleas of Erie county: Of October and November Term 1875, No. 221. This was an action on the case, commenced October 18th 1871, by Katharina Weiss, widow of Jacob Weiss, deceased, and Anna Weiss and others, minor children of said deceased, against The Pennsylvania Railroad Company. . The action was brought to recover damages for the killing of the deceased by one of the defendants’ trains, as was alleged through negligence. The case was tried, January 6th 1875, before Wetmore, P. J., when the following facts appeared in evidence:— On the 1st of June 1871, Weiss,…

1Opinion of the CourtJustice Sharswood

When the plaintiffs below closed their evidence, they had a perfect primá facie case to go to the jury. They had given evidence of the negligence of the defendants, and no contributory negligence of the deceased appeared. The presumption of law was that he had done all that a prudent man would do under the circumstances to preserve his own life, and that he had stopped and looked and listened : Penna. Railroad Co. v. Weber, 26 P. F. Smith 157. The onus of proving contributory negligence was thus clearly cast upon the defendants. “ It is true,” says Mr. Justice Williams, “that when the…

2Cited by3 opinions

  1. Paul Klink, Administrator of the Estate of Mona McCauley Deceased v. Nancy L. HarrisonCourt of Appeals for the Third Circuit · 1964
  2. Hanna v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
  3. Paul Klink, Administrator of the Estate of Mona McCauley Deceased v. Nancy L. HarrisonCourt of Appeals for the Third Circuit · 1964

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