Laib v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 301, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. Term, 1894, No. 469, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Gobdon, J. At tbe trial it appeared that on September 10, 1894, Louis Laib, tire plaintiff’s husband, was killed while driving in a closed wagon over the grade crossing of defendant’s railroad at Holmes-burg junction in the city of Philadelphia.
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Appeal, No. 301, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. Term, 1894, No. 469, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Gobdon, J. At tbe trial it appeared that on September 10, 1894, Louis Laib, tire plaintiff’s husband, was killed while driving in a closed wagon over the grade crossing of defendant’s railroad at Holmes-burg junction in the city of Philadelphia. The circumstances of the accident are stated in the opinion of the Supreme Court. Defendant’s points and answers thereto were as follows : 1. The law presumes…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We cannot assent to the claim that in this case the court should have directed a verdict for the defendant. The cases cited and relied on to support it were determined upon the evidence in them. They were cases in which a compulsory non-suit was entered, or a verdict directed for the defendant on the ground that the plaintiff’s evidence disclosed contributory negligence. The negligence which precluded a recovery was the failure of the person injured or killed to stop, look and listen before attempting to cross the railroad. The fact that he was struck by the…
2Cases cited12 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Childs v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
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3Cited by7 opinions
- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
- Razzis v. Philadelphia & Reading Ry. Co.Supreme Court of Pennsylvania · 1922
- Terry v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1915
- Firestine v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1914
- Radziewicz v. Phila. & Reading Rwy. Co.Superior Court of Pennsylvania · 1927
2 more not listed; retrieve them via the Exa API.