Peters v. Bessemer & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 170, Jan. T., 1908, by defendant, from judgment of C. P. Erie Co., Sept. T., 1906, No. 183, on verdict for plaintiff in case of Margaret Peters v. Bessemer & Lake Erie Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Walling, P. J. The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 170, Jan. T., 1908, by defendant, from judgment of C. P. Erie Co., Sept. T., 1906, No. 183, on verdict for plaintiff in case of Margaret Peters v. Bessemer & Lake Erie Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Walling, P. J. The circumstances of the accident are stated in the opinion of the Supreme Court. The defendant submitted the following points: 6. There is no evidence to justify the submission to the jury of the question of the negligence of the defendant as to the construction of the tracks in the yard of the defendant company.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Herbert Peters, the son of the appellee, was in the employ of the appellant as. a brakeman, and shortly after he was seventeen years old was killed, while riding on the tender of a locomotive in a switch yard, by being struck or "side-swiped” by a car on an adjoining switch. In the yard in which he was killed a number of switches or tracks branched south from a *310“ladder” track on the north for a distance of upwards of 1,500 feet. A locomotive had entered from the “ladder” track upon the track or switch known as No. 24, for the purpose of taking ten cars from it to…
2Cases cited1 opinion
- Vorhees v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1899
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