Pennsylvania Railroad v. Ogier
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action on the case by Catharine G. Ogier, the widow of Dr. Septimus A. Ogier, against the Pennsylvania Railroad Company, to recover damages for the negligence of the defendant, which resulted in the death of the plaintiff’s husband.
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Error to the Common Pleas of Chester county. This was an action on the case by Catharine G. Ogier, the widow of Dr. Septimus A. Ogier, against the Pennsylvania Railroad Company, to recover damages for the negligence of the defendant, which resulted in the death of the plaintiff’s husband. The facts of the case are fully stated in the following charge to the jury, which was delivered in the court below:— “ At or about the hour of four o’clock in the afternoon of the 26th day of November 1867 (a few days less than two years ago), Septimus A. Ogier, a practising physician of that neighbourhood,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
There may, undoubtedly, be cases in which the only facts proven may present so clearly and incontestably features of negligence in regard to the specific ground of complaint, that it may become the duty of the court to pronounce it such as a matter of law. Such, for instance, as the rapid running of a train of cars around curves, at crossing places, over the railroad, without notice of any kind: Reeves v. The Delaware, Lackawanna and Western Railroad Company, 6 Oasey 454. So in the exit of a passenger from the cars on an opposite side from…
2Cited by10 opinions
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Morris v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1929
- Thomas v. Delaware, Lackawanna & Western R.U.S. Circuit Court for the District of Northern New York · 1881
- Dieckmann v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Dougherty v. Chicago, M. & St. P. Railway Co.South Dakota Supreme Court · 1905
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