Luken v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1920, by defendant, from judgment of C. P. Berks Co., Aug. T., 1918, No. 13, on verdict for plaintiff, in case of Harry Russell Luken, by his next friend and guardian, Milton C. Kreider, v. Pennsylvania Railroad Co. Trespass for death of plaintiff’s father. Before Wagner, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,700. Defendant appealed.
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Appeal, No. 252, Jan. T., 1920, by defendant, from judgment of C. P. Berks Co., Aug. T., 1918, No. 13, on verdict for plaintiff, in case of Harry Russell Luken, by his next friend and guardian, Milton C. Kreider, v. Pennsylvania Railroad Co. Trespass for death of plaintiff’s father. Before Wagner, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,700. Defendant appealed. Errors assigned, among others, were (7) refusal of binding instructions for defendant, and (8) refusal of defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
On the afternoon of June 6, 1917, at about' four o’clock, an automobile belonging to Harry J. Luken, and in which he was riding, was struck by a through express train of the defendant company on a road crossing at Monocacy station, in Berks County. At the time of the collision, as a result of which Luken died several hours later, one of his employees was driving the automobile, the deceased sitting beside him to the right, on the front seat. As they approached the station from the north they passed by a “Stop, Look and Listen” sign erected along the public…
2Cases cited4 opinions
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Provost v. Director General of RailroadsSupreme Court of Pennsylvania · 1920
- Corcoran v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
3Cited by4 opinions
- Tull v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1928
- Watson v. Lit BrothersSupreme Court of Pennsylvania · 1926
- Seiwell v. HinesSupreme Court of Pennsylvania · 1922
- Szmigel v. Director General of RailroadsSuperior Court of Pennsylvania · 1921