Johns v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 86, Oct. T., 1909, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 1,069, refusing to take off nonsuit in case of Elizabeth C. Johns, by her father and next friend, James Anthony, v. Pennsylvania Railroad Company, operating the West Penn Railroad. Trespass to recover damages for death of plaintiff’s husband. Before Carnahan, J. The facts appear by the opinion of the Supreme Court.
Read the full summary
Appeal, No. 86, Oct. T., 1909, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 1,069, refusing to take off nonsuit in case of Elizabeth C. Johns, by her father and next friend, James Anthony, v. Pennsylvania Railroad Company, operating the West Penn Railroad. Trespass to recover damages for death of plaintiff’s husband. Before Carnahan, J. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit, and ruling on evidence referred to in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff’s husband was a brakeman on the defendant’s road and was killed in an accident caused by the falling of a bridge on which his train was passing. The bridge was about eighty feet in length, and the iron superstructure rested on abutments at its ends and a pier at the middle of the creek it spanned. The creek was ordinarily quite small, but at the time of the accident the water was unusually high, while the water in the Allegheny river near by, into which it flowed, was 'low. This condition caused a very rapid current in the creek, and a strong pressure…
2Cases cited2 opinions
- Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
- Stearns v. Ontario Spinning Co.Supreme Court of Pennsylvania · 1898
3Cited by7 opinions
- Herbert Wiggins, Administrator of the Estate of James Wiggins v. City of Philadelphia v. Philadelphia Transportation CompanyCourt of Appeals for the Third Circuit · 1964
- Norris v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1939
- Doerr v. Rand'sSupreme Court of Pennsylvania · 1940
- Fort Worth & Denver City Ry. Co. v. BurtonCourt of Appeals of Texas · 1942
- Wiggins v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1963
2 more not listed; retrieve them via the Exa API.