Cromley v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 29, Jan. T., 1904, by plaintiff, from order of C. P. Montour Co., Sept. T., 1902, No. 58, refusing to take off nonsuit in case of Sarah C. Cromley v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband and son. Before Little, P. J. The circumstances of the accident are detailed in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 29, Jan. T., 1904, by plaintiff, from order of C. P. Montour Co., Sept. T., 1902, No. 58, refusing to take off nonsuit in case of Sarah C. Cromley v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband and son. Before Little, P. J. The circumstances of the accident are detailed in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff’s husband and her son, five years of age, were killed by an express train at a diagonal grade crossing in the borough of Watsontown. The train was running south on the westernmost of the three tracks of the defendant’s road. The deceased were riding in a sled drawn by two horses on the main street of the borough and going in an easterly direction. As they approached the crossing at an acute angle they had a clear view of the track south for a distance of 1,800 feet. The view to the north was obstructed by dwellings and the station house until a point…
2Cases cited5 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Gangawer v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1895
3Cited by13 opinions
- Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Hanna v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
- Unger v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1907
- Craig v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
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