McMullen v. Pennsylvania R.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 146 July Term 1888, Sup. Ct.; court below, No. 801 December Term 1884, C. P. No L On December 31,1884, John McMullen brought case against tlie Pennsylvania Railroad Company to recover damages for tlie death of his minor son, charged to tlie negligence of defendant company. Issue.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 146 July Term 1888, Sup. Ct.; court below, No. 801 December Term 1884, C. P. No L On December 31,1884, John McMullen brought case against tlie Pennsylvania Railroad Company to recover damages for tlie death of his minor son, charged to tlie negligence of defendant company. Issue. The case was first tried November 14, 1887, when at the close of the plaintiff’s testimony, the court entered judgment of compulsory nonsuit. Afterwards, on motion of the plaintiff, the judgment of nonsuit was vacated. At the second…
1Opinion of the Court
Opinion,
Mr. Justice Green:
On the trial of this case, the plaintiff examined but one witness to prove the fact and the circumstances of the accident. This is the account she gave of the occurrence:
“ Q. Please state just what you saw of this accident. A. When I saw the child he was lying on the flat of his back; his head towards the station house, and his feet towards me, Q. How was his body; on the track ? A. Right in the middle of the track his body was; and his head. Q. Between the tracks, between the rails, do you mean ? A. Yes, sir. Q. Crosswise ? A. Yes, sir; his feet towards me, and his…
2Cases cited8 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
- Flower v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
- Cauley v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1880
- Moore v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1882
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