Legal Opinion

MacFeat v. Philadelphia, Wilmington & Baltimore Railroad

Superior Court of Delaware

Decided March 4, 1904No. 38PublishedCited by 8 opinions

Action on the Case brought by Alexander L. MacFeat, administrator of Walter MacFeat, deceased, against the Philadelphia, Wilmington and Baltimore Bail-road Company, to recover damages for the death of said deceased which was alleged to have been caused by the negligence of said company, on the 26th of June, 1902, at its French Street Station in the City of Wilmington.

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Action on the Case brought by Alexander L. MacFeat, administrator of Walter MacFeat, deceased, against the Philadelphia, Wilmington and Baltimore Bail-road Company, to recover damages for the death of said deceased which was alleged to have been caused by the negligence of said company, on the 26th of June, 1902, at its French Street Station in the City of Wilmington. At the trial plaintiff proved that on the 26th of June, 1902, Walter MacFeat was standing upon or crossing over the spur track of the defendant Company nearly, opposite and south from the waiting-room door of the defendants…

1Opinion of the Court

The defendant produced evidence to the effect that MacFeat crossed the track in front of the shifter at a rapid rate and proceeded diagonally across the southbound to the northbound track, on which the express train was approaching, with his head down and his hands in his pockets and never looked or stopped until he was struck by the said express train.

During the course of the trial the following rulings were made as to the admission of testimony:

Alexander L. MaeFeat, the plaintiff, was asked by- Mr. Knowles the following questions :

Q. State as to your brother’s habits with respect to…

2Cited by8 opinions

  1. Lindsay v. CecchiSupreme Court of Delaware · 1911
  2. South Atlantic Steamship Co. v. MunkacsySupreme Court of Delaware · 1936
  3. Gray v. Pennsylvania RailroadSuperior Court of Delaware · 1927
  4. Pennsylvania R. Co. v. RogersCourt of Appeals for the Third Circuit · 1917
  5. Roberts v. Maryland, Delaware & Virginia Railway Co.Superior Court of Delaware · 1914

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