Pennsylvania Railroad v. Goodman
Supreme Court of Pennsylvania
May 24th and 25th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Bead, J., absent. Error to the Court of Common Pleas of Lancaster county: No. 42, to May Term 1868. < This was an action by Jacob K. Goodman against The Pennsylvania Railroad Company for negligence which occasioned the death of his wife.
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May 24th and 25th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Bead, J., absent. Error to the Court of Common Pleas of Lancaster county: No. 42, to May Term 1868. < This was an action by Jacob K. Goodman against The Pennsylvania Railroad Company for negligence which occasioned the death of his wife. On the 5th of November 1864, about 3 o’clock P. M., the plaintiff, who was a farmer, and his wife were riding in a small market-wagon without a top, drawn by one horse. They were returning from Lancaster to their home, about, ten miles distant, on a much travelled road known as…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
The verdict in this case appears to us to have been very unwarranted, and ought to have been set aside. The evidence of negligence on part of the plaintiff below in approaching the railroad crossing is very strong. An accurate survey of the road travelled by the plaintiff and the railroad has been made. Seventeen Jhundred feet of the Colebrook road by which the plaintiff approached the crossing has a descending grade to the railroad of 48 feet, diminishing gradually and with very little unevenness. The civil engineer, in walking these 1700…
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