Legal Opinion

Keiser v. Lehigh Valley Railroad

Supreme Court of Pennsylvania

Decided June 22, 1905No. Appeal, No. 99PublishedCited by 28 opinions

Appeal, No. 99, Jan. T., 1905, by plaintiff, from judgment of C. P. Luzerne Co.; Feb. T., 1903, No. 188, on verdict for defendant in case of Mattie E. Keiser v. The Lehigh Valley Railro'ad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Ferris, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.

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Appeal, No. 99, Jan. T., 1905, by plaintiff, from judgment of C. P. Luzerne Co.; Feb. T., 1903, No. 188, on verdict for defendant in case of Mattie E. Keiser v. The Lehigh Valley Railro'ad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Ferris, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.

1Opinion of the Court

Opinion bt

Mr. Justice Elkin,

The plaintiff in her statement of claim charged the defendant company with negligence in running the train which caused the accident, at an unusual time, and excessive rate of speed, and without giving due warning of its approach to the crossing. The appellee cannot be held liable in damages unless it affirmatively appears from the evidence that there was negligence in some or all of these respects. What does the evidence disclose?

*411The train was running after midnight about twenty-five minutes behind its schedule time. This is neither unusual nor exceptional, and is…

2Cases cited4 opinions

  1. Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
  2. Lonzer v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1900
  3. Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
  4. Pittsburg, Port Wayne & Chicago Railway Co. v. DunnSupreme Court of Pennsylvania · 1868

3Cited by28 opinions

  1. Kindt v. Reading Co.Supreme Court of Pennsylvania · 1945
  2. Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
  3. Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
  4. Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
  5. Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913

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