Pennsylvania Railroad v. Garvey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1,. of Philadelphia county: Of January Term, 1884, No. 281. . Case by Margaret Garvey against the Pennsylvania Railroad Company to recover damages for the death of her husband, Michael Garvey, who was run over by one'-of the- defendants trains. . On the trial, before Biddle, J., the' following facts ap^ peared: Oil Sunday, December 4th, 1881, Michael Garvey, "with his wife, and one Mrs. Gallagher, while returning from church together,…
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Error to the Court of Common Pleas, No. 1,. of Philadelphia county: Of January Term, 1884, No. 281. . Case by Margaret Garvey against the Pennsylvania Railroad Company to recover damages for the death of her husband, Michael Garvey, who was run over by one'-of the- defendants trains. . On the trial, before Biddle, J., the' following facts ap^ peared: Oil Sunday, December 4th, 1881, Michael Garvey, "with his wife, and one Mrs. Gallagher, while returning from church together, walked down Walnut street in Bristol toward their homes, to the crossing of said street and the Pennsylvania Railroad.…
1Opinion of the CourtChief Justice Mercer
Neither assignment of error is sustained. Under the evidence the question of contributory negligence was' properly for the jury. At the place where Garvey attempted to cross there were five tracks. There is evidence that on coming to the railroad, with 1ns wife and another woman, they stopped, looked and listened, and saw rip sign of an approaching train and heard no locomotive. They started across the tracks, the women a little ahead of Garvey, the women crossing safely. In crossing the fourth 'track just behind'them, he was struck by a passing train and killed. It cannot be declared as a…
2Cited by4 opinions
- Ayers v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1902
- Kinghorn v. Pennsylvania R.Court of Appeals for the Second Circuit · 1931
- Smyth v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1919
- Goldie v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1910