Leithold v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 200, Oct. T., 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1897, No. 855, on verdict for plaintiff in case of Max Leithold and Ida Leithold v. Philadelphia & Reading Railway Company. Trespass to recover damages for the death of a child seven years old. Before Sulzberger, J. Verdict for plaintiff for $2,000, upon which judgment was entered for $1,000, all above that amount having been remitted.
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Appeal, No. 200, Oct. T., 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1897, No. 855, on verdict for plaintiff in case of Max Leithold and Ida Leithold v. Philadelphia & Reading Railway Company. Trespass to recover damages for the death of a child seven years old. Before Sulzberger, J. Verdict for plaintiff for $2,000, upon which judgment was entered for $1,000, all above that amount having been remitted. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiffs brought this action to recover damages for the alleged negligent killing of their daughter, who was between seven and eight years of age, by a shifting engine of the defendant company, upon a siding leading from its tracks into a coal yard. ■ The statement filed by the plaintiffs averred that the tracks of the defendant company in that section of the city of Philadelphia bounded by Lehigh avenue, Somerset street, Kensington avenue and Frank-ford avenue were located upon private property of the defendant company; that on the side nearest Lehigh avenue, to…
2Cases cited10 opinions
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Taylor v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1886
- Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Noonan Et Ux. v. Pa. Railroad Co.Superior Court of Pennsylvania · 1937
- Balser v. YoungSuperior Court of Pennsylvania · 1919
- Tedesco v. Reading CompanySuperior Court of Pennsylvania · 1941
- Wind v. Steiert & SonSuperior Court of Pennsylvania · 1919
- Manfred ex rel. Estate of Gray v. National Railroad Passenger Corp.District Court, W.D. Pennsylvania · 2015
6 more not listed; retrieve them via the Exa API.