Meitzner v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 361, Jan. T., 1908, by defendant, from judgment of C. P. Delaware Co., June T., 1907, No. 277, on verdict for plaintiff in case of Annie L. Meitzner v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $7,725. Defendant appealed.
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Appeal, No. 361, Jan. T., 1908, by defendant, from judgment of C. P. Delaware Co., June T., 1907, No. 277, on verdict for plaintiff in case of Annie L. Meitzner v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $7,725. Defendant appealed. Errors assigned, were various instructions, including refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
At the place where this accident occurred the defendant company maintains two tracks, one used for east-bound, the other for west-bound trains. Louis A. Meitzner, the plaintiff’s husband, approached the crossing from the north. At that moment a freight train was moving west on the track nearest him. After it had cleared the crossing he attempted to cross over, and was struck and -killed by the engine of a passing express train moving east on the south track. If, without waiting for the freight train to move far enough away *355to admit of his seeing more of the…
2Cases cited1 opinion
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- McCollum v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1912
- Dress v. Schuylkill Railway Co.Superior Court of Pennsylvania · 1924
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