Doud v. Hines
Supreme Court of Pennsylvania
Appeals, Nos. 40 and 41, Jan. T., 1921, by defendant, from judgments of C. P. Crawford Co., Sept. T., 1918, Nos. 64 and 65, on verdict for plaintiffs, in cases of William A. Doud v. Walker D. Hines, Director General of Railroads, and Edith Doud and William A. Doud, her husband, v. Walker D. Hines, Director General of Railroads. Trespass for personal injuries. Before Prather, P. J. The opinion of the Supreme Court states the facts.
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Appeals, Nos. 40 and 41, Jan. T., 1921, by defendant, from judgments of C. P. Crawford Co., Sept. T., 1918, Nos. 64 and 65, on verdict for plaintiffs, in cases of William A. Doud v. Walker D. Hines, Director General of Railroads, and Edith Doud and William A. Doud, her husband, v. Walker D. Hines, Director General of Railroads. Trespass for personal injuries. Before Prather, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for Edith Doud for $6,000 and for William A. Doud, her husband, for $3,500 in No. 65, and for William A. Doud for $2,109.50 in No. 64.…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiffs were injured on February 6,. 1918, by the derailment of a train, operated by defendant, on which they were passengers. The defense relied upon was that the accident was not due to defendant’s negligence but was the result of extraordinary weather conditions, consisting of extreme cold weather followed by a sudden thaw, resulting in the roadbed first expanding and later settling unevenly and causing the derailment and over*184turning of the water tank attached to the engine, and the car in which plaintiffs were riding. The trial judge submitted the case to…
2Cases cited8 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Stearns v. Ontario Spinning Co.Supreme Court of Pennsylvania · 1898
- Meier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Sullivan v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1858
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3Cited by14 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- MacDonald v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
- Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Chester School District's AuditSupreme Court of Pennsylvania · 1930
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
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