Tucker v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
Supreme Court of Pennsylvania
Oct. T., 1909, by plaintiff, from order of C. P. No. 4, Allegheny Co., First Term, 1908, No. 105, refusing to take off nonsuit in case of Fannie Tucker v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Carnahan, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off.
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Oct. T., 1909, by plaintiff, from order of C. P. No. 4, Allegheny Co., First Term, 1908, No. 105, refusing to take off nonsuit in case of Fannie Tucker v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Carnahan, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
January 3, 1910:
Plaintiff’s husband had been a passenger on a train that arrived at Gregg station at 10 o’clock on the night of August 10, 1907, coming from the east. Upon the arrival of the train he alighted from the rear end of the first car. To reach the public crossing that led to his home, he would have to face eastward and follow the platform or walk which the defendant had provided for the accommodation of passengers arriving or departing. This he evidently did, with a most urn *68fortunate result; for while he was thus walking along the track, the train…
2Cases cited1 opinion
- Allen v. WillardSupreme Court of Pennsylvania · 1868
3Cited by31 opinions
- Flucker v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1919
- Pfendler v. SpeerSupreme Court of Pennsylvania · 1936
- Sajatovich v. Traction Bus Co.Supreme Court of Pennsylvania · 1934
- Straight v. B. F. Goodrich Co.Supreme Court of Pennsylvania · 1946
- Commonwealth v. GillSuperior Court of Pennsylvania · 1935
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