Legal Opinion

Price v. Lehigh Valley Railroad

Supreme Court of Pennsylvania

Decided March 24, 1902No. Appeals, Nos. 202 and 203PublishedCited by 6 opinions

Appeals, Nos. 202 and 203, Jan T., 1901, by plaintiffs, from orders of C. P. Northampton Co., April T., 1899, Nos. 33 and 48, refusing to talce off nonsuits in cases of Mary E. Price v. Lehigh Valley Railroad Company and Mary E. Yoxheimer v. Lehigh Valley Railroad Company. Trespass to recover damages for death of plaintiffs’ husbands. The opinion of the Supreme Court states the case. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Per Curiam,

These appeals are brought here and argued together. Price was engineer, and Yoxheimer fireman on an engine of defendant. It was drawing train No. 6 up Wilkes-Barre Mountain, November 11, 1898, in the night-time. Its orders were, that it would meet train No, 5 coming down the mountain at siding No 7, *177which was about halfway to the summit. Before they reached the siding and half a mile from it, an engine coming down the mountain crashed into the upgoing one, and both Price and Yoxheimer were killed. Their widows, these plaintiffs, alleging their husbands’ deaths were caused by…

2Cases cited2 opinions

  1. Higgins v. T. J. Fanning & Co.Supreme Court of Pennsylvania · 1900
  2. Dickerson v. Central RailroadSupreme Court of Pennsylvania · 1899

3Cited by6 opinions

  1. Acme Cement Plaster Co. v. WestmanWyoming Supreme Court · 1912
  2. Ceen v. William Cramp & Sons Ship & Engine Building Co.Supreme Court of Pennsylvania · 1915
  3. Marsh v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1903
  4. Collins v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1916
  5. Leonard v. Nazareth Cement Co.Superior Court of Pennsylvania · 1912

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API