Miller v. West Jersey & Seashore Railroad
Supreme Court of Pennsylvania
Appeal, No. 376, Jan. T., 1916, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1915, No. 2059, for defendant non obstante veredicto in case of Elizabeth H. Miller, Administratrix of the Estate of Franklin C. Miller, deceased, v. West Jersey and Seashore Railroad Company. Trespass to recover for death of plaintiff’s husband. Before Martin, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 376, Jan. T., 1916, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1915, No. 2059, for defendant non obstante veredicto in case of Elizabeth H. Miller, Administratrix of the Estate of Franklin C. Miller, deceased, v. West Jersey and Seashore Railroad Company. Trespass to recover for death of plaintiff’s husband. Before Martin, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $25,000. Judgment was subsequently entered for defendant non obstante veredicto. Plaintiff appealed. Error assigned, among others, was in entering…
1Opinion of the Court
Pee Otjeiam,
Upon a review of the evidence in this case the court below could not have avoided the conclusion that the carelessness of the deceased, when about to cross the railroad tracks, was responsible for his death, and the judgment non obstante veredicto is affirmed on the following from the opinion directing it to> be entered: “If the deceased did not see the electric train in time to save himself it was because he did not look. Where a person fails to see that which was plainly obvious, such person is clearly guilty of contributory negligence. The deceased must either have seen the…
2Cited by6 opinions
- Lessig v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1921
- Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Barton v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1925
- Kemmler v. Pennsylvania Co.Supreme Court of Pennsylvania · 1919
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