Pennsylvania R. v. Bowers
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO 1 OF PHILADELPHIA COUNTY. No. 209 July Term 1888, Sup. Ct.; court below, No. 656 December Term 1886, C. P. No. 1. On January 27, 1887, an action in caso for negligence was brought by Mary Bowers against the Pennsylvania Railroad Co., to recover damages suffered by the death, of her husband Thomas L. Bowers, alleged to have been caused by the negligence of the defendant company’s employees. Issue.
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ERROR TO THE COURT OF COMMON PLEAS NO 1 OF PHILADELPHIA COUNTY. No. 209 July Term 1888, Sup. Ct.; court below, No. 656 December Term 1886, C. P. No. 1. On January 27, 1887, an action in caso for negligence was brought by Mary Bowers against the Pennsylvania Railroad Co., to recover damages suffered by the death, of her husband Thomas L. Bowers, alleged to have been caused by the negligence of the defendant company’s employees. Issue. At the trial on January 11, 1888, it was shown that the said Thomas L. Bowers, by trade a carpenter and builder, was killed by being struck, by a train at Comly…
1Opinion of the Court
Opinion,
Mr. Chiee Justice Paxson :
The fifth assignment squarely raises the important question of this case. It alleges that the learned court below erred in affirming the plaintiff’s second point. The point is as follows: “ That the limitation of liability for damages claimed by the defendant under and by virtue of the act of April 4, 1868, has been revoked and avoided, as to the defendant corporation, by the provisions of the twenty-first section of article III. of the constitution of Pennsylvania, known as the new constitution.”
The second section of the act of 1868, P. L. 58, limits the…
2Cases cited8 opinions
- Tucker v. FergusonSupreme Court of the United States · 1875
- Rector, &C., of Christ Church, Phila. v. Cty. of Phila.Supreme Court of the United States · 1861
- West Wisconsin R. Co. v. Board of Supervisors of Trempealeau Cty.Supreme Court of the United States · 1876
- Salt Co. v. East SaginawSupreme Court of the United States · 1872
- Pennsylvania Railroad v. LangdonSupreme Court of Pennsylvania · 1880
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3Cited by2 opinions
- Agostin v. Pittsburgh Steel Foundry Corp.Supreme Court of Pennsylvania · 1946
- Gloninger v. Pittsb. & C. R.Supreme Court of Pennsylvania · 1891