Cleveland & Pittsburg Railroad v. Rowan
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 131, to October and November Term 1869. This was an action on the case commenced, November 24th 1865, by Samuel Rowan and Margaret his wife in her right, against the Cleveland and Pittsburg Railroad Company, John Turner and Robert Chisholm, to recover damages for the death of Henry Halleck, a son, about eighteen years old, of Mrs. Rowan, occasioned as was alleged by the negligence of the defendants.
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Error to the District Court of Allegheny county: No. 131, to October and November Term 1869. This was an action on the case commenced, November 24th 1865, by Samuel Rowan and Margaret his wife in her right, against the Cleveland and Pittsburg Railroad Company, John Turner and Robert Chisholm, to recover damages for the death of Henry Halleck, a son, about eighteen years old, of Mrs. Rowan, occasioned as was alleged by the negligence of the defendants. At Edgeworth station, about 15 miles west from Pittsburg, the tracks of the Cleveland and Pittsburg Railroad and the Pittsburg, Eort Wayne and…
1Opinion of the Court
The opinion of the.court was delivered, January 3d 1871, by
Thompson, C. J.
— Only two or three of the numerous assign*399ments of error in this case, we think, call for any special notice at the hands of this court. We regard the others as self-vindicated.
It was contended in argument, on part of the plaintiff in error, that the plaintiffs below had the onus of showing affirmatively that the deceased was guilty of no negligence or want of care at the moment of the disaster to him. This is in one sense the rule, but not as broadly as it has been stated. It is true that negligence on his part would…
2Cited by5 opinions
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- McManamon v. Hanover TownshipSupreme Court of Pennsylvania · 1911
- Ritchey v. CassoneSupreme Court of Pennsylvania · 1929
- Union Transp. Co. v. KentCourt of Appeals for the Ninth Circuit · 1904
- Palmer v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1907