Legal Opinion

Burns v. Johnstown Passenger Railway Co.

Supreme Court of Pennsylvania

Decided January 2, 1906No. Appeal, No. 176PublishedCited by 5 opinions

Appeal, No. 176, Oct. T., 1905, by-plaintiff, from order of C. P. Cambria Co., Sept. T., 1904, No. 376, refusing to take off nonsuit in case of Margaret J. Burns v. Johnstown Passenger Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before O’Connor, P. J. The facts are stated in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mb.. Justice Elkin,

Even if it be conceded that the defendant company was negligent in constructing and maintaining the poles supporting the trolley wires in too close proximity to the tracks, it does not necessarily follow that there can be a recovery in this case. The real question in dispute is whether the testimony shows such contributory negligence on the part of the deceased as will defeat plaintiff’s claim in this action. The learned trial judge in the court below directed a compulsory nonsuit, which on motion made, he refused to take off, from which rulings this appeal is…

2Cases cited3 opinions

  1. Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
  2. Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
  3. Bard v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1896

3Cited by5 opinions

  1. Schomaker v. HaveySupreme Court of Pennsylvania · 1927
  2. Miller v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1908
  3. Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.Superior Court of Pennsylvania · 1912
  4. Bowen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  5. Pildish v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1915

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