Warren v. Pittsburgh & Butler Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 224, Oct. T., 1913, by defendant, from judgment of C. P. Butler Co., Sept. T., 1913, No. 66, on verdict for plaintiff in case of Mary E. Warren v. Pittsburgh & Butler Street Railway Company. Trespass for death of plaintiff’s husband. Before Galbreath, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,000, and judgment thereon. Defendant appealed.
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Appeal, No. 224, Oct. T., 1913, by defendant, from judgment of C. P. Butler Co., Sept. T., 1913, No. 66, on verdict for plaintiff in case of Mary E. Warren v. Pittsburgh & Butler Street Railway Company. Trespass for death of plaintiff’s husband. Before Galbreath, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,000, and judgment thereon. Defendant appealed. Error assigned, among others, was the refusal of the defendant’s motion for judgment n. o. v. It is the duty of carriers’ servants when aware of the intoxication of a passenger to give him that degree of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
This action was to recover for the death of the plaintiff’s husband, which was caused by his being struck by a car of the defendant, in front of which he staggered while intoxicated. He became a passenger on one of the defendant’s cars in Pittsburgh to go to his home several miles distant in the country. He paid his first fare, took a seat in the front part of the car and at that time' he showed little if any indication of intoxication. When later he was asked for the second fare he was in a drunken stupor and when aroused from it, he refused, to pay. Some…
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