Legal Opinion

Bracken v. Pennsylvania Railroad

Superior Court of Pennsylvania

Decided October 5, 1906No. Appeal, No. 2PublishedCited by 2 opinions

Appeal, No. 2, April T., 1906, by defendant, from judgment of C. P. Cambria Co., June T.,1903, No. 32, on verdict for plaintiff in case of Hudson C. Bracken for use of W. D. Lloyd v. The Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before O’Connor, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 2, April T., 1906, by defendant, from judgment of C. P. Cambria Co., June T.,1903, No. 32, on verdict for plaintiff in case of Hudson C. Bracken for use of W. D. Lloyd v. The Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before O’Connor, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented the following points : 1. It being admitted that the defendant company operated safety gates on both sides of the railroad, it would not be negligent in running its express train at a speed of forty miles per hour at that…

1Opinion of the Court

Opinion by

Mobbison, J.,

On November 29, 1902, about 9:40 A. M., Robert Bracken, aged twelve years and seven months, was instantly killed at the Fairfield-avenue grade crossing, in the suburbs of the city of Johnstown, by one of the defendant’s trains. The boy was playing near the defendant’s tracks, when Andrew Dennison, driving a one-horse wagon, attempted to cross the four main tracks of defendant company, and one of the Cambria Steel Company. The boy jumped on the rear end of the wagon, although told by Dennison to keep off, for the reason that he had a heavy load of sand which was rather…

2Cases cited22 opinions

  1. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
  2. Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
  3. Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
  4. Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
  5. Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889

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3Cited by2 opinions

  1. Hamill v. BoroughSuperior Court of Pennsylvania · 1912
  2. Davis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907

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