Hench v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 202, Oct. T., 1913, by defendant, from judgment of C. P. Washington Co., Aug. T., 1912, No. 70, on verdict for plaintiff, in case of Stella M. Hench, Administratrix of the Estate of Edgar S. Hench, deceased, v. .Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband.
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Appeal, No. 202, Oct. T., 1913, by defendant, from judgment of C. P. Washington Co., Aug. T., 1912, No. 70, on verdict for plaintiff, in case of Stella M. Hench, Administratrix of the Estate of Edgar S. Hench, deceased, v. .Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Taylor, J. The witness Allen was a clerk in defendant’s employ, who had charge of the records of loaded cars moved in the freight yard, where the accident occurred. Other facts appear in the opinion of the Supreme Court. • ■ Verdict for plaintiff for f9,000, and judgment…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action of trespass to recover damages for personal injuries resulting in the death of plaintiff’s husband who was employed as a brakeman in a general freight yard of defendant railroad company located in the City of Pittsburgh. The suit was brought under two Acts of Congress — the Employer’s Liability Act of April 22, 1908, and the Safety Appliance Act of March 2, 1893. In such a case the burden is on the party suing to prove the facts necessary to show a violation of the Federal statutes, and that the injured party was engaged in interstate commerce or…
2Cases cited3 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- The Employers'liability CasesSupreme Court of the United States · 1908
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
3Cited by12 opinions
- Sullivan v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1922
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- Hogarty v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
- Stoker v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
- Di Donato v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
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