Legal Opinion

Burns v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 4, 1909No. Appeal, No. 208PublishedCited by 2 opinions

Appeal, No. 208, Oct. T., 1908, by defendant, from judgment of C. P. Cambria Co., June T., 1903, No. 248, on verdict for plaintiff in case of Catherine Burns v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before O’Connor, P. J. The opinion of the Supreme Court states the case. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $12,000. Defendant appealed.

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Appeal, No. 208, Oct. T., 1908, by defendant, from judgment of C. P. Cambria Co., June T., 1903, No. 248, on verdict for plaintiff in case of Catherine Burns v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before O’Connor, P. J. The opinion of the Supreme Court states the case. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $12,000. Defendant appealed. Errors assigned amongst others were (1) dismissing exceptions to award of arbitrators; (2) in refusing a change of venue,' and (9) in refusing…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This case was here on three former appeals: 210 Pa. 90; 213 Pa. 280; 219 Pa. 225. When it was here a year ago, we then expressed regret that we were compelled to remand it for another trial. We are now pleased to say that our judgment on this appeal will terminate the litigation which has been pending for nearly six years. Such delay frequently results in a denial of justice, and contravenes the maxim: Interest reipublicie ut sit finis litium.

We have examined with care the twelve assignments of error and we fail to find any merit in a single one of them. The…

2Cases cited3 opinions

  1. Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  2. Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
  3. Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906

3Cited by2 opinions

  1. State v. ChapmanSupreme Court of Connecticut · 1925
  2. Pennsylvania Power & Light Co. v. Gulf Oil Corp.Superior Court of Pennsylvania · 1979

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