Tressler v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 73, April T., 1909, by plaintiff, from judgment of C. P. Somerset Co., Feb. T., 1906, No. 187, for defendant non obstante veredicto in case of Catharine Tressler v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Gillan, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 73, April T., 1909, by plaintiff, from judgment of C. P. Somerset Co., Feb. T., 1906, No. 187, for defendant non obstante veredicto in case of Catharine Tressler v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Gillan, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,500. The court subsequently entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s husband was killed by the engine of an express train traveling west on the defendant’s road as it crossed the highway near a station at which this train did not stop. The deceased left his home early in the morning and drove to a grist mill near to the station. Having attended to his business there he .started to return home. The public highway crosses the railroad, which at that point consists of three tracks, one for east-bound trains, one for west-bound trains, and a side track upon which cars were standing at the time. After a train had passed the…
2Cases cited7 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Mankewicz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1906
- Calhoun v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
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