Miller v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1916, by plaintiffs, from judgment of O. P. York Co., April T., 1916, No. 30, on directed verdict for defendant, in case of Ivan L. Miller, Boyd L. Miller, Curvin L. Miller, Susan Melinda Strong, Jacob I. Miller, Paul E. Miller v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiffs’ father. Before Wanner, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 175, Jan. T., 1916, by plaintiffs, from judgment of O. P. York Co., April T., 1916, No. 30, on directed verdict for defendant, in case of Ivan L. Miller, Boyd L. Miller, Curvin L. Miller, Susan Melinda Strong, Jacob I. Miller, Paul E. Miller v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiffs’ father. Before Wanner, P. J. The opinion of the Supreme Court states the facts. The trial judge directed a verdict for defendant upon which judgment was entered. Plaintiffs appealed. Error assigned was in directing a verdict for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This action was brought by the children of Jacob H. Miller and Emma Miller, his wife, to recover damages for the death of their father from injuries sustained by his being struck by defendant’s train at a grade crossing. On the trial of the case, the court gave binding instructions for defendant on the ground that plaintiffs were not the proper parties to maintain the action. On motion for a new trial, the action of the court in giving binding instructions was approved, but it was held such defense could not be raised because not set up in the affidavit of defense…
2Cases cited10 opinions
- Birch v. Pittsburg, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1895
- Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.Supreme Court of Pennsylvania · 1902
- Maher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
- Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877
- Howard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1908
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3Cited by10 opinions
- Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
- McFadden v. MaySupreme Court of Pennsylvania · 1936
- Kowtko v. Delaware and Hudson Railroad Corp.District Court, M.D. Pennsylvania · 1955
- Milyak v. Philadelphia Rural Transit Co.Supreme Court of Pennsylvania · 1930
- Potter Title & Trust Co. v. PetcoffSuperior Court of Pennsylvania · 1936
5 more not listed; retrieve them via the Exa API.