Pennsylvania R. v. Lackner
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Action by Ida Lackner, administratrix, against the Pennsylvania Railroad Company. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
The plaintiff is the widow and ad-ministratrix of John Eackner, who was killed by one of defendant’s trains at Matawan, N. J., about 5 o’clock in the morning of September 7, 1915.
The train, which was composed of an engine and five empty coaches, was not on- the regular schedule, and was running south from New York at 25 or 30 miles an hour. The point where Eackner was struck is directly opposite the station, about 200 feet south of Main street crossing. The station building is west of the south-bound track, and between, the building and the westerly rail is an open…
2Cases cited3 opinions
- Furey v. New York Central & Hudson River RailroadSupreme Court of New Jersey · 1902
- Coyne v. Pennsylvania RailroadSupreme Court of New Jersey · 1915
- Schmidt v. Pennsylvania R. R.Court of Appeals for the Third Circuit · 1910
3Cited by3 opinions
- Demetro v. PENN. RRNew Jersey Superior Court Appellate Division · 1966
- Tompkins v. Erie R. Co.Court of Appeals for the Second Circuit · 1937
- McGinty v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1925