Legal Opinion

Mine v. Western Maryland Railway Co.

Supreme Court of Pennsylvania

Decided July 17, 1918No. Appeal, Nos. 28 and 51PublishedCited by 15 opinions

Appeal, Nos. 28 and 51, Jan. T., 1918, by defendant, from judgment of C. P. Adams Co., April T., 1915, No. 169, on verdict for plaintiff in case of Annie K. Eline v. Western Maryland Railway Co. Trespass for death of plaintiff’s husband. Before McPherson, P. J. The facts appear by the opinion of the Supreme Court. Verdict for the plaintiff for $10,000 and judgment thereon. Defendant appealed.

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Appeal, Nos. 28 and 51, Jan. T., 1918, by defendant, from judgment of C. P. Adams Co., April T., 1915, No. 169, on verdict for plaintiff in case of Annie K. Eline v. Western Maryland Railway Co. Trespass for death of plaintiff’s husband. Before McPherson, P. J. The facts appear by the opinion of the Supreme Court. Verdict for the plaintiff for $10,000 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment non obstante veredicto1.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This action in trespass is for the death of plaintiff’s husband, J. Frank Eline, resulting from a grade crossing accident. Mr. and Mrs. Eline resided at Baltimore, and *35he, being in ill health, spent the summer of 1913 on a farm about fifteen miles from that city. While there an automobile trip was arranged for himself and four gentlemen friends, including Prank D. Rogers, to be taken in Mrs. Eline’s car. Mr. Rogers and the Elines were intimate friends and he often went driving with them in her car, and on such occasions uniformly acted as chauffeur, Mr. Eline…

2Cases cited16 opinions

  1. Azinger v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1918
  2. Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
  3. Hardie v. BarrettSupreme Court of Pennsylvania · 1917
  4. Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
  5. Gibson v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1910

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3Cited by15 opinions

  1. Alperdt Et Ux. v. PaigeSupreme Court of Pennsylvania · 1927
  2. Kilpatrick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1927
  3. Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
  4. Martin v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
  5. Joseph v. Pitts. & W. v. Ry.Supreme Court of Pennsylvania · 1928

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