Legal Opinion

Bernstein v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 13, 1916No. Appeal, No. 273PublishedCited by 19 opinions

Appeal, No. 273, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 3688, on verdict for plaintiff, in case of Rebecca Bernstein v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Sulzberger, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $10,000, and judgment thereon. Defendant appealed.

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Appeal, No. 273, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 3688, on verdict for plaintiff, in case of Rebecca Bernstein v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Sulzberger, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $10,000, and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Me. Justice Pottee,

The plaintiff here sought to recover damages for the death of her husband, upon the theory that it resulted from the negligence of the defendant company. The husband, while driving with a companion in a covered wagon, attempted to pass over the .railroad tracks at a grade crossing at the intersection of Twenty-fifth and Morris streets, in the City of Philadelphia. Shortly after seven o’clock on the evening of May 21,1914, he was driving eastwardly upon Morris street, and was struck by an engine of a freight train running north upon Twenty-fifth street. The…

2Cases cited2 opinions

  1. Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
  2. Schwarz v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1905

3Cited by19 opinions

  1. Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
  2. Lessig v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1921
  3. Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
  4. Snyder v. Penn Liberty Refining Co.Supreme Court of Pennsylvania · 1930
  5. Rhodes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1929

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