Fearn v. West Jersey Ferry Co.
Supreme Court of Pennsylvania
No. 243 January Term 1890, Sup. Ct.; court below, No. 699 December Term 1887, C. P. No. 1. On January 13, 1888, John Fearn brought trespass against the West Jersey Ferry Company, to recover damages for injuries charged to the negligence of defendant company. The plaintiff: died on July 4,1888, and on August 9th, Amelia Ann Fearn, his widow and administratrix, was substituted. Issue.
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No. 243 January Term 1890, Sup. Ct.; court below, No. 699 December Term 1887, C. P. No. 1. On January 13, 1888, John Fearn brought trespass against the West Jersey Ferry Company, to recover damages for injuries charged to the negligence of defendant company. The plaintiff: died on July 4,1888, and on August 9th, Amelia Ann Fearn, his widow and administratrix, was substituted. Issue. At the trial, on April 5, 1889, the plaintiff introduced testimony to the effect that on February 10, 1883, the plaintiff, John Fearn, and his wife, Amelia Ann Fearn, were on their way from Washington City to New…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The questions which confront us in this case are, first, whether the deposition of John Fearn was admissible; and second, whether there was error in the refusal to take off the nonsuit.
The deposition was taken in a suit in the Circuit, Court of the United States, in which Mary Ann Fearn was the plaintiff and the West Jersey Ferry Company was the defendant. In -that action, the plaintiff clainied damages for personal injuries caused by the alleged negligence of the defendant company. In this case, the administratrix of John Fearn claims that he received an injury…
2Cases cited6 opinions
- Neslie v. Second & Third Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1886
- Farley v. Philad. Traction Co.Supreme Court of Pennsylvania · 1890
- Hayman v. Pennsylvania R.Supreme Court of Pennsylvania · 1888
- Harger v. ThomasSupreme Court of Pennsylvania · 1863
- Delaware, Lackawanna & Western Railroad v. NapheysSupreme Court of Pennsylvania · 1879
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