Dutrey v. Phila. & Reading Ry.
Supreme Court of Pennsylvania
Appeal, No. 200, Jan. T., 1917, by defendant, from judgment of C. P. Cumberland Co., Feb. .T., 1918, No. 24, on verdict for plaintiff in case of Florence G. Dutrey, Administratrix of Raymond M. Dutrey, v. Philadelphia & Reading Railway Company. Trespass to recover damages for the death of plaintiff’s husband. Before Sadler, P. J. Verdict and judgment for plaintiff for $2,000. Defendant appealed. Error assigned was in overruling motion for judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This was an action brought under the Federal Employers Liability Act of 1908 by the appellee to recover for the death of her husband. The sole question for determination, as stated by the appellant, is, does the testimony in the case show such a failure on the part of the company to exercise a duty owing to the defendant at the time of the accident, as would overcome the risk assumed by him, and thus bring the case within the federal statute; or, stated in another form, was the negligent act complained of, likely to happen, or so obvious, that the decedent must…
2Cases cited8 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Boldt v. Pennsylvania RailroadSupreme Court of the United States · 1918
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Chesapeake & Ohio Railway Co. v. ProffittSupreme Court of the United States · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
- Moseley v. Reading Co.Supreme Court of Pennsylvania · 1929
- Buehler v. Philadelphia & Reading Ry. Co.Supreme Court of Pennsylvania · 1924
- Davis v. Philadelphia & R. Ry. Co.District Court, M.D. Pennsylvania · 1921
- Mumma v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1922
12 more not listed; retrieve them via the Exa API.