McGill v. Pittsburgh & Western Ry.
Supreme Court of Pennsylvania
Appeal, No. 132, Oct. T., 1892, by plaintiff, Julia McGill, from order of C. P. No. 2, Allegheny Co., Oct. T., 1890, No 353, refusing to take off compulsory nonsuit. Trespass to recover damages for the death of plaintiff’s husband killed at railroad crossing through alleged negligence of defendant. The facts appear by the opinion of the Supreme Court. The court, White, J., entered a compulsory nonsuit, and subsequently, in an opinion, refused to take it off.
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Appeal, No. 132, Oct. T., 1892, by plaintiff, Julia McGill, from order of C. P. No. 2, Allegheny Co., Oct. T., 1890, No 353, refusing to take off compulsory nonsuit. Trespass to recover damages for the death of plaintiff’s husband killed at railroad crossing through alleged negligence of defendant. The facts appear by the opinion of the Supreme Court. The court, White, J., entered a compulsory nonsuit, and subsequently, in an opinion, refused to take it off. Errors assigned were, (1) entry of nonsuit; (2) refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
It is conceded that, by reason of its surroundings, the Bridge street crossing at which plaintiff’s husband was fatally injured *333was exceptionally dangerous. Immediately on the east is an old unused station house, and on either side of the main track' are long sidings, which, at the time of the accident, were filled with box and other cars. The view of trains approaching from the east was thus considerably obstructed. About thirty-five feet south of the crossing is Herr’s Island bridge, the north end of which is nearly four feet higher than defendant’s tracks, so…
2Cases cited1 opinion
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
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- Shufelt v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1893
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