Pennsylvania Railroad v. Werner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1879, No. 129. Case by Elizabeth Werner and her children to recover damages for the death of her husband, August Werner, alleged to have been caused by the negligence of defendant. The two tracks of the defendant’s railroad cross Erie avenue in the outskirts of Philadelphia.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1879, No. 129. Case by Elizabeth Werner and her children to recover damages for the death of her husband, August Werner, alleged to have been caused by the negligence of defendant. The two tracks of the defendant’s railroad cross Erie avenue in the outskirts of Philadelphia. On the morning of February 24th 1877, the deceased, who was a paper carrier, was observed standing on the crossing about five feet from the east track of the railroad, on which was slowly passing a long train of coal cars. As soon as the…
1Opinion of the CourtJustice Sterrett
This is a close case, lying fast by the dividing line between questions of law and of fact. Testimony, tending to prove that the deceased, August Werner, lost his life by the negligence and improper conduct of the employees of the railroad company, was introduced, and, without objection, submitted to the jury, who, by their verdict, have settled that question in favor of the plaintiffs below. It must therefore be assumed as a fact that the company was guilty of negligence. In the court below the defence was *64rested mainly on the ground of concurring negligence on the part of the deceased; and,…
2Cited by22 opinions
- Aiken v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Malone v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1893
- Philpott v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Paul Klink, Administrator of the Estate of Mona McCauley Deceased v. Nancy L. HarrisonCourt of Appeals for the Third Circuit · 1964
- Ayers v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1902
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