Gangawer v. Philadelphia & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T.,1895 by-plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1892, No. 289, entering compulsory nonsuit and refusal to take it off. Trespass for death of plaintiff’s husband. Before Arnold, J. At the trial it appeared that Edwin G. Gangawer, plaintiff’s husband, was killed on June 11, 1892, at a grade crossing of the Bethlehem division of defendant’s railroad, near a station called Bingen.
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Appeal, No. 127, Jan. T.,1895 by-plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1892, No. 289, entering compulsory nonsuit and refusal to take it off. Trespass for death of plaintiff’s husband. Before Arnold, J. At the trial it appeared that Edwin G. Gangawer, plaintiff’s husband, was killed on June 11, 1892, at a grade crossing of the Bethlehem division of defendant’s railroad, near a station called Bingen. He was driving in an open two-horse farm wagon and was struck by an express train on the north-bound track, after he had crossed the south-bound track. Further material…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff is the widow of Edwin G. Gangawer. Her husband, while driving a two-horse farm wagon near Bingen station, over a grade crossing of defendant’s railroad, about 8 in the morning of 11th of June, 1892, was struck by an express train and killed. The plaintiff averred her husband’s death was caused by defendant’s negligence in not giving travelers on the highway, at a proper distance from the crossing, warning of the approaching train. The defendant replied by denying its negligence, and averring negligence on part of deceased. When plaintiff closed her…
2Cases cited3 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Hess v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1897
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Baltimore & O. R. v. WoodCourt of Appeals for the Third Circuit · 1916
- Harvey v. Erie RailroadSupreme Court of Pennsylvania · 1904
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