Unger v. Philadelphia, Baltimore & Washington Railroad
Supreme Court of Pennsylvania
Appeal, No. 209, Jan. T., 1906, by-defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1903, No. 896, on verdict for plaintiff in case of Freda Unger v. Philadelphia, Baltimore & Washington Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before MoMichael, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $7,500. Defendant appealed.
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Appeal, No. 209, Jan. T., 1906, by-defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1903, No. 896, on verdict for plaintiff in case of Freda Unger v. Philadelphia, Baltimore & Washington Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before MoMichael, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $7,500. Defendant appealed. Error assigned was in entering judgment for the plaintiff on the verdict.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff’s husband was killed at a grade crossing of the defendant’s road in the city of Chester. He was riding in a butcher’s wagon, which was struck by the rear end of a work train of six or seven cars, which was moving backwards. None of the plaintiff’s witnesses saw the accident. Her case rested on the presumption that the deceased exercised proper care before driving on the track and upon proof that at the time it was dark, foggy and raining, that no notice of the approach of the train was given by bell or whistle, that the safety gate was up, that there…
2Cases cited6 opinions
- Haverstick v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Hanna v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
- Patterson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1904
- Connerton v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Paperry v. RybackSupreme Court of Pennsylvania · 1930
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Worth v. WorthWyoming Supreme Court · 1935
6 more not listed; retrieve them via the Exa API.