Pennsylvania Railroad v. Weiss
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1878, No. 142. Case by Katharina Weiss and her minor children against the Pennsylvania Railroad Company, to recover damages for the death of her husband, caused by the alleged negligence of defendant.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1878, No. 142. Case by Katharina Weiss and her minor children against the Pennsylvania Railroad Company, to recover damages for the death of her husband, caused by the alleged negligence of defendant. At the trial, before Galbraith, P. J., it was shown on the part of plaintiffs that Weiss, while driving over a public crossing of defendant’s railroad in the city of Erie, was killed by a passenger train. There was evidence also that the train was running at a greater rate of speed than that permitted by the rules of…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The principle of this case was decided at this term in the case of the Pennsylvania Railroad Co. v. Miller et ux., ante 895. The presumption of a fact in law, which carries a case to a jury, necessarily leaves them in possession of the case. True the evidence to rebut the presumption may be very strong, yet it is a matter for the jury and not for the court. The force of the evidence may or may not be sufficient to convince them that the natural presumption arising from human instinct is repelled. But before they can come to this conclusion they…
3Cited by12 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Devlin v. Beacon Light Co.Supreme Court of Pennsylvania · 1901
- Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Colorado Springs & Interurban Railway Co. v. ReeseSupreme Court of Colorado · 1917
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