Legal Opinion

Pennsylvania Railroad v. Weber

Supreme Court of Pennsylvania

Decided February 1, 1875PublishedCited by 18 opinions

Error to the Court of Common Pleas of Parry county: Of May Term 1874, No. 47. This was an action on the case, brought to January Term 1870 of the court below, by Sarah Ann Weber, widow, and Margaret Weber and others, children of George H. Weber, deceased, against the Pennsylvania Railroad Company.

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Error to the Court of Common Pleas of Parry county: Of May Term 1874, No. 47. This was an action on the case, brought to January Term 1870 of the court below, by Sarah Ann Weber, widow, and Margaret Weber and others, children of George H. Weber, deceased, against the Pennsylvania Railroad Company. The cause of action, as set out in the declaration, was that the defendants, by carelessness and negligence in running their cars on their road, caused the death of Weber on the 28th of August 1869, at a public crossing by a county road. The cause had been tried before and a verdict for $2500…

1Opinion of the CourtJustice Williams

delivered the opinion of the court, February 1st.1875.

This case was here on a former writ of error, and was reversed for the admission of irrelevant and improper evidence: 22 P. F. Smith 27. It now comes before us, after a second trial in the court below, for the correction of alleged errors in refusing to charge as requested, and in the instruction given to the jury. The action was brought by the widow and children of George fi. *168Weber, who was killed at a public crossing of the defendant’s road, by a passing train, to recover damages for his death. It was unquestionably the decedent’s duty,…

2Cited by18 opinions

  1. Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
  2. Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909
  3. McFarland v. Illinois Central Railroad CompanyLouisiana Court of Appeal · 1960
  4. Cherry v. Louisiana & A. Ry. Co.Supreme Court of Louisiana · 1908
  5. Morris v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1929

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