Oil City & Petroleum Bridge Co. v. Jackson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango dounty: Of October Term, 1886, No. 37. This was an action of trespass on the case brought by W.‘ H. H. Jackson against the Oil City and Petroleum Bridge Company, to recover damages for the death of his son, which he alleged was caused by the negligence of the defendant in not providing and maintaining a safe passage-way for the use of pedestrians.
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Error to the Court of Common Pleas of Venango dounty: Of October Term, 1886, No. 37. This was an action of trespass on the case brought by W.‘ H. H. Jackson against the Oil City and Petroleum Bridge Company, to recover damages for the death of his son, which he alleged was caused by the negligence of the defendant in not providing and maintaining a safe passage-way for the use of pedestrians. Plea, not guilty.- The facts, as they appeared on the trial of the cause, sufficiently appear in the opinion of the Supreme Court. On the trial the defendant presented the following points:— 1. Upon all…
1Opinion of the CourtJustice Paxson
The defendants’ first point called for a binding instruction that, “ upon all the evidence, the plaintiff is not entitled to recover.” As the affirmance of the point would have ended the case, the defendant was not entitled to such affirmance if there were any disputed questions of fact which ought to have been submitted to the jury. In considering this question I desire to say at the outset that we are not disposed'to adopt the theory upon which the case was tried below and argued *325here, that the defendant owed no duty to the child whose unfortunate death was the occasion of this suit. The…
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