Nelson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
Superior Court of Pennsylvania
Appeal, No. 34, April T., 1914, by plaintiff, from judgment of C. P. Allegheny Co., Sept. T., 1910, No. 155, on verdict for defendant n. o. v. in case of Lizzie Nelson, now Lizzie Porter, v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Macfarlane, J. The facts are stated in the opinion of the Superior Court. At the trial the court rendered a verdict for plaintiff.
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Appeal, No. 34, April T., 1914, by plaintiff, from judgment of C. P. Allegheny Co., Sept. T., 1910, No. 155, on verdict for defendant n. o. v. in case of Lizzie Nelson, now Lizzie Porter, v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Macfarlane, J. The facts are stated in the opinion of the Superior Court. At the trial the court rendered a verdict for plaintiff. Subsequently judgment was entered for defendant non obstante veredicto. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff recovered a verdict for $1,100, as damages for the death of her husband at a grade crossing of the *543defendant company. On motion, judgment was entered for the defendant non obstante veredicto.
The decedent was familiar with the crossing and its surroundings, which was through a populous suburb of Pittsburg, and was obviously dangerous on account of its being at grade and frequently occupied by moving trains. The accident happened on a dark night, when extreme caution was required of him. The public crossing traversed the three track railroad from the…
2Cases cited2 opinions
- Tozer v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1911
- Evans v. Pennsylvania Co.Supreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Hare v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1916