Smith. v. McAdoo
Supreme Court of Pennsylvania
Appeal, No. 100, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dee. T., 1917, No. 4882, on verdict which the court directed for the defendant in the case of Mae J. Smith, Administratrix of Benjamin Smith, deceased, v. William G. McAdoo, Director General of Railroads. Trespass to recover damages for death of plaintiff’s decedent. Before Finletter, J. After the close of defendant’s testimony the trial judge directed a verdict for defendant.
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Appeal, No. 100, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dee. T., 1917, No. 4882, on verdict which the court directed for the defendant in the case of Mae J. Smith, Administratrix of Benjamin Smith, deceased, v. William G. McAdoo, Director General of Railroads. Trespass to recover damages for death of plaintiff’s decedent. Before Finletter, J. After the close of defendant’s testimony the trial judge directed a verdict for defendant. The court refused a new trial and judgment was entered for defendant. Plaintiff appealed. Errors assigned were giving binding…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The court below entered judgment for defendant upon a directed verdict, and plaintiff has appealed.
*330Early in the morning of February 16, 1918, Benjamin Smith, plaintiff’s decedent, was driving a taxicab south on 17th street, Philadelphia; when he came to the railroad tracks at Washington avenue, a collision occurred between his car and one of defendant’s locomotives, causing injuries to Smith from which he soon died.
The details of the accident are given by two of plaintiff’s witnesses, who were with him at the time. These men testified that, when some 100 feet…
2Cases cited1 opinion
- Bernstein v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
3Cited by7 opinions
- Lessig v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1921
- Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
- Rhodes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1929
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
- Seiwell v. HinesSupreme Court of Pennsylvania · 1922
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