McNulty v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 71, Jan. T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1894, No. 544, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Gordon, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $6,000. Defendant appealed. Errors assigned were (1-3) instructions, as recited in the opinion, quoting them.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The first and third specifications of error are intended to present what may be regarded as the controlling question in this case : Whether, upon the undisputed facts, the relation of plaintiff’s husband to the defendant company at the time he was killed, in the collision that occurred on October 28, 1894, was that of a passenger being transported in one of its cars, or that of an employee then in the service of the company? These specifications are as follows:
1st. In refusing to charge, as requested in defendant’s first point, “ That McNulty was carried…
2Cases cited2 opinions
- O'Donnell v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1868
- Ryan v. Cumberland Valley RailroadSupreme Court of Pennsylvania · 1854
3Cited by31 opinions
- Sassaman v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1944
- Missouri, Kansas & Texas Railway Co. v. HendricksCourt of Appeals of Texas · 1908
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Pigeon v. LaneSupreme Court of Connecticut · 1907
- Strohl v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1921
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