Lewis v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 245, Jan. T., 1907, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 3,349, on judgment for defendant non obstante veredicto in case of Frances Hess Lewis v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. The facts are stated in the opinion of the Supreme Court. Yerdict for plaintiff for $18,000 on which judgment was entered for $10,000, all above that amount having been remitted.
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Appeal, No. 245, Jan. T., 1907, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 3,349, on judgment for defendant non obstante veredicto in case of Frances Hess Lewis v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. The facts are stated in the opinion of the Supreme Court. Yerdict for plaintiff for $18,000 on which judgment was entered for $10,000, all above that amount having been remitted. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff’s husband, while in the course of his regular employment as a Pullman car conductor, lost his life in an accident that happened on the line of the Pennsylvania Railroad Company. While it is not admitted that he was in the class distinguished from passengers by the Act of April 4, 1868, P. L. 58, we do not understand it to be seriously contended that he was not. Our repeated and explicit decisions to the effect that one not in the employment of a railroad company, but using its facilities under a contract between the railroad company and his employer…
2Cases cited3 opinions
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Menges v. DentlerSupreme Court of Pennsylvania · 1859
- Patterson v. RobertsSupreme Court of Pennsylvania · 1885
3Cited by88 opinions
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- Schultz v. GosselinkSupreme Court of Iowa · 1967
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