Kemmler v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 183, Jan. T., 1919, by plaintiff, from judgment of C. P. Erie Co., Nov. T., 1916, No. 136, for defendant n. o. v. in case of Elizabeth Kemmler v. Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s husband. Before Whittelsey, J. The jury returned a verdict for plaintiff for $2,900. Subsequently the court entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff’s husband died from injuries received at a grade crossing in the City of Erie as he was returning from work shortly after 9:30 p. m., March 29,1916. He was seen a short distance from the crossing and was nest heard calling for help, by a watchman at a factory nearby, who found him lying between the tracks of defendant company and those of the New York Central railroad which run side by side at this point. Deceased, with both legs severed from the body, was lying about ten feet from defendant’s tracks and twenty-five or thirty feet beyond the crossing. No…
2Cases cited5 opinions
- Erbe v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Bruggeman v. City of YorkSupreme Court of Pennsylvania · 1916
- Charles v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1914
- Leader v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1914
- Miller v. West Jersey & Seashore RailroadSupreme Court of Pennsylvania · 1917
3Cited by8 opinions
- Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
- Sullivan v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1922
- Hunter v. PopeSupreme Court of Pennsylvania · 1927
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
- Baltimore & O. R. v. MuldoonCourt of Appeals for the Third Circuit · 1939
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