Tilburg v. Northern Central Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1908, by defendant, from judgment of C. P. Lycoming Co., Dec. T., 1905, No. 247, on verdict for plaintiff in case of Mary Tilburg v. Northern Central Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Hart, P. J. Eor the facts see 217 Pa. 618 and the opinion of the Supreme Court. ' Verdict and judgment for plaintiff for $4,425. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Per Curiam,
That the negligence of the appellant in putting the deceased off the train at Haleeka Station, and the contributory *246negligence of the deceased in attempting to get back to Oogan Yalley Station by walking on the tracks, were questions for the jury, was decided when the case was here before, 217 Pa. 618.
As the former trial ended in a nonsuit there was no evidence on the part of the defendant as to the actual safety of the place, or the deceased’s opportunity of learning it.
These elements were supplied at the last trial, but the evidence did not take them away from the jury. Defendant…
2Cases cited2 opinions
- Bond v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
- Tilburg v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Cleaver v. Pennsylvania Co.Superior Court of Pennsylvania · 1919