Philadelphia & Reading Railroad v. Long
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 24, to July Term 1872. This was an action on the case brought August 31st 1871, by Jacob V. Long and Mary his wife against The Philadelphia and Reading Railroad Company. The cause of action was the alleged negligence of defendants’ servants, which resulted in the death of Rosanna Long, a child of the plaintiffs, who was run over by one of the defendants’ engines.
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Error to the District Court of Philadelphia: No. 24, to July Term 1872. This was an action on the case brought August 31st 1871, by Jacob V. Long and Mary his wife against The Philadelphia and Reading Railroad Company. The cause of action was the alleged negligence of defendants’ servants, which resulted in the death of Rosanna Long, a child of the plaintiffs, who was run over by one of the defendants’ engines. The defendants’ road from Norristown to Philadelphia passes along Cresson street in Manayunk; the depot in Manayunk is at the intersection of Cresson street by Gay street; Cotton…
1Opinion of the Court
The opinion of the court was delivered, February 24th 1874, by
Agnew, C. J.
This case has been argued by the eminent counsel of the railroad company as if the facts were fixed with the certainty of a special verdict. If we assume that the child, Rosanna Long, suddenly appeared upon the track, five or six feet ahead of the locomotive on the left-hand side; -that the engineer was in his proper place on the right side of the engine-cab, looking out constantly, but his vision, for several feet in front of the cow-catcher, was obstructed by the boiler and carriage of the engine; and that *264the fireman…
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