Elston v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 345, Jan. T., 1899, by defendant from judgment of C. P. Luzerne Co., Dec. T., 1896, No. 348, on verdict for plaintiff in case of Belinda Elston v. Tbe Delaware, Lackawanna & Western Railroad Company. Trespass for death of plaintiff’s husband. Before Halsey, J. The facts appear by the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $3,705. Defendant appealed. Error assigned was in submitting the case to the jury.
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Appeal, No. 345, Jan. T., 1899, by defendant from judgment of C. P. Luzerne Co., Dec. T., 1896, No. 348, on verdict for plaintiff in case of Belinda Elston v. Tbe Delaware, Lackawanna & Western Railroad Company. Trespass for death of plaintiff’s husband. Before Halsey, J. The facts appear by the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $3,705. Defendant appealed. Error assigned was in submitting the case to the jury. The case should have been withdrawn from the jury: C. R. R. Co. of N. J. v. Feller, 84 Pa. 229; Urias v. Penna. R. Co., 152 Pa. 326; Derk v. Northern…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The only question raised by the assignments of error is whether a verdict should have been directed for the defendant. The public highway on which the plaintiff’s husband was driving is crossed by six tracks of the defendant’s road. Tracks one, two, three and four on the west are sidings used for the shifting and storage of cars. Tracks five and six on the east are main tracks. The plaintiff’s husband approached the crossing from the west and stopped on a bridge twenty-five feet from track one and ninety feet from track six, where he was killed. From the bridge he…
2Cases cited3 opinions
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Keppleman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1899
3Cited by9 opinions
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Barthelmas v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1909
- Conyngham v. Erie Electric Motor Co.Superior Court of Pennsylvania · 1901
- Walton v. Colwyn BoroughSuperior Court of Pennsylvania · 1902
- Philadelphia, Baltimore & Washington Railroad v. BuchananSupreme Court of Delaware · 1911
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