Legal Opinion

Kinter v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 5, 1903No. Appeal, No. 33PublishedCited by 32 opinions

Appeal, No. 33, Oct. T., 1902, by-plaintiff, from judgment of C. P. No. 1, Allegheny Co., March T., 1901, No. 255, on verdict for defendant in ease of Maggie W. Kinter v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Stowe, P. J. / The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mb. Justice Brown,

The deceased was killed at a most dangerous railroad crossing in the borough of Wilkinsburg. The train that struck him was coming from the east. He approached the crossing on South avenue, and to his left—the direction from which the train was coming—the street makes an acute angle with the railroad, on which there were five tracks. In this angle there was a plumbing shop, which obstructed the view of the railroad. It was eight feet and ten inches from the first rail. The through passenger train which collided with the deceased was rapidly approaching on the first…

2Cases cited6 opinions

  1. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
  2. Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
  3. Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
  4. Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
  5. Central Railroad Co. of New Jersey v. FellerSupreme Court of Pennsylvania · 1877

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

3Cited by32 opinions

  1. Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
  2. Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
  3. Mankewicz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1906
  4. Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
  5. United States Spruce Lumber Co. v. ShumateSupreme Court of Virginia · 1916

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

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