Burns v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 94, Oct. T., 1907, by defendant, from judgment of C. P. Cambria Co., June T., 1903, No. 248, on verdict for plaintiff in case of Catherine Burns v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $14,480. Defendant appealed. Error assigned among others was (2) portion of opinion quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action brought by a widow to recover damages for the death of her husband which she alleges was caused by the defendant’s negligence.
The case was here on two former occasions, 210 Pa. 90, and 213 Pa. 280, and it is with much regret that we are compelled to remand it to the court below again for another trial. We think the instructions of the trial court on the measure of damages are clearly erroneous, and for that reason the judgment must be reversed. As the case goes back for a retrial, the questions raised by the other assignments of error become…
2Cases cited2 opinions
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
3Cited by15 opinions
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
- Littman v. Bell Tel. Co. of Pa.Supreme Court of Pennsylvania · 1934
- Regan v. DavisSupreme Court of Pennsylvania · 1927
- Paperry v. RybackSupreme Court of Pennsylvania · 1930
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