Moore v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1881, No. 179. Trespass, by Thomas Moore and wife against the Pennsylvania Iiailroad Company, to recover damages for the death of their son, Thomas B. Moore, caused by the alleged negligence of the defendants’ servants.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1881, No. 179. Trespass, by Thomas Moore and wife against the Pennsylvania Iiailroad Company, to recover damages for the death of their son, Thomas B. Moore, caused by the alleged negligence of the defendants’ servants. On the trial, before Ludlow, P. J., the evidence on behalf of the plaintiffs was to the following effect: — The defendant’s railroad runs along Trenton avenue, in a populous part of the suburb of Frankford, in the 25th ward of the city of Philadelphia, uninclosed by a fence. The avenue at the…
1Opinion of the CourtJustice Geeen
The only evidence in this case, as to the position of the deceased when he was struck, was that given by the plaintiffs’ witness. He testified: “ The boy was on the outer side, on the end of the sleepers, walking at twenty to twenty-five feet north of telegraph pole; he was walking from sleeper to sleeper when I saw him; about a second of time from my sight of him, and when he was struck.” He also said, “ the lad was twenty or twenty-five feet north of telegraph pole when struck. . . . walking on outer edge of sleepers towards Orthodox street. Trees are planted in front of houses; there is a…
2Cited by18 opinions
- Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912
- Conn v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Rodgers v. LeesSupreme Court of Pennsylvania · 1891
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