Germantown Passenger Railway Co. v. Walling
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1880, No. 336. Case, by Jane R. Walling and Joshua Clendennon, guardian of Grace M. Walling, against the Germantown Passenger Railway Company, to recover damages for the death of Bernard Walling, 'the husband and father of the plaintiffs, which they alleged to have been caused by the negligence of the defendants’ servants.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1880, No. 336. Case, by Jane R. Walling and Joshua Clendennon, guardian of Grace M. Walling, against the Germantown Passenger Railway Company, to recover damages for the death of Bernard Walling, 'the husband and father of the plaintiffs, which they alleged to have been caused by the negligence of the defendants’ servants. On the trial, before Mitchell, J., the evidence disclosed the following facts : About eight o’clock, on the morning of October 2d 1876, Bernard Walling, a man thirty-three years of age,…
1Opinion of the CourtJustice Trunkey
At the outset the defendant (plaintiff in error) claims but two questions are presented in the assignments: (1.) Was Bernard Walling guilty of contributory negligence per se, so as to make it the duty of the court below 'to instruct the jury that he could not recover ? And (2.) was the evidence of damage too vague under the requirements of the Act of April 4th 1868, to justify a verdict for the plaintiffs below ?
In fact, the second question is not raised in the record. As a general rule, where specific instructions were not requested by a proper point, and no exception to such as were given,…
2Cases cited1 opinion
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by9 opinions
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- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Fuller v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904
- Bard v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1896
- Fisher v. Monongahela C. Ry. Co.Supreme Court of Pennsylvania · 1890
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