Terry v. Delaware, Lackawanna & Western Railroad
Superior Court of Pennsylvania
Appeal, No. 39, March T., 1915, by defendant, from judgment of C. P. Luzerne Co., June T., 1911, No. 181, on verdict for plaintiff in case of Ada Terry v. Delaware, Lackawanna & Western R. R. Company. Trespass to recover damages for death of plaintiff’s husband. > The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed.
Read the full summary
Appeal, No. 39, March T., 1915, by defendant, from judgment of C. P. Luzerne Co., June T., 1911, No. 181, on verdict for plaintiff in case of Ada Terry v. Delaware, Lackawanna & Western R. R. Company. Trespass to recover damages for death of plaintiff’s husband. > The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant. The amendment was improperly allowed: Mahoney v. Park Steel Co., 217 Pa. 20; Philadelphia v. Hestonville, Etc.,…
1Opinion of the Court
Opinion by
Kephabt, J.,
The original statement sets forth “that the said railroad in the Borough of Dorranceton, or partly in the Borough of Dorranceton and partly in the Borough of Luzerne, crosses a street known as John street, in the said Borough of Dorranceton, where the said street connects with or runs into Marion street in the said Borough of Luzerne; that the said railroad crosses said street or streets at grade.” These boroughs are contiguous, the line between them being about the center line of the railroad. John street and Marion street end at the railroad, or rather intersect the…
2Cases cited13 opinions
- Taylor v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1886
- Hugo v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1913
- Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
- Welsh v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1897
- Pennsylvania Railroad v. WeberSupreme Court of Pennsylvania · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Dimarco v. Penna. R. R. Co.Supreme Court of Pennsylvania · 1936
- Mellon Et Ux. v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1924
- Kremposky v. Mt. Jessup Coal Co.Supreme Court of Pennsylvania · 1920
- DiMarco v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1936
2 more not listed; retrieve them via the Exa API.