Philadelphia & Reading Railroad v. Killips
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia■ county: Of July Term 1878, No. 6. Case by Margaret ■Killips, the widow of Hugh Killips, and by George and Isabella Killips, his father and mother, to recover damages for the death of said Hugh Killips, alleged to have been caused by the defendant’s negligence. The narr. contained two counts.
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Error to the Court of Common Pleas, No. 2, of Philadelphia■ county: Of July Term 1878, No. 6. Case by Margaret ■Killips, the widow of Hugh Killips, and by George and Isabella Killips, his father and mother, to recover damages for the death of said Hugh Killips, alleged to have been caused by the defendant’s negligence. The narr. contained two counts. The first alleged that defendant was engaged in managing a railroad and propelling cars' along Ninth street, in Philadelphia, at and near Columbia avenue; that Hugh Killips, the husband and son of plaintiffs, was riding along said avenue, and…
1Opinion of the CourtJustice Sterrett
It. is not claimed, in this case, that the deceased was chargeable with contributory negligence; but, it is contended that there was not sufficient evidence to justify the court in submitting to the jury the question of the company’s negligence.
The learned judge affirmed, without qualification, the defendant’s first, third and fourth points, and thereby instructed the jury, in substance, that the company, being authorized to use steam-engines' on its-road,' was “not responsible for accidents arising from horses being frightened by the noises properly incident to the employment *411of such…
2Cited by9 opinions
- Bickel v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
- Cummings v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1930
- Pennsylvania Railroad Co.'s CaseSupreme Court of Pennsylvania · 1906
- Ginocchi v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1925
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
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