Legal Opinion

Hess v. Williamsport & North Branch Railroad

Supreme Court of Pennsylvania

Decided May 27, 1897No. Appeal, No. 284PublishedCited by 15 opinions

Appeal, No. 284, Jan. T., 1896, by defendant, from judgment of C. P. Lycoming Co., March T., 1895, No. 82, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Schut-LEít, P. J., of the 3d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 284, Jan. T., 1896, by defendant, from judgment of C. P. Lycoming Co., March T., 1895, No. 82, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Schut-LEít, P. J., of the 3d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : On the part of the plaintiffs a number of witnesses have been produced for the purpose of showing that there were no lights upon this engine or tender; that the whistle was not blown prior to the accident, and that no bell was rung. Most of the testimony…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

The defendant’s employees, at about eight o’clock in the even ing of August 25, 1894, ran a locomotive and tender over the Philadelphia and Reading railroad. There were upon the locomotive and tender a conductor, brakeman, engineer, fireman and flagman; the locomotive was running at about the rate of eighteen miles an hour, the tender in front, towards Montgomery station. About a mile from the station is a highway grade crossing, and on the crossing it collided with a two horse lumber team, then being driven by James T. Hess, the husband of plaintiff, who was seated…

2Cases cited4 opinions

  1. Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
  2. Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
  3. Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
  4. Gangawer v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1895

3Cited by15 opinions

  1. Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
  2. Ferruzza v. PittsburghSupreme Court of Pennsylvania · 1958
  3. Rhodes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1929
  4. McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
  5. Paul v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911

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