Legal Opinion

Birch v. Pittsburg, Cincinnati, Chicago & St. Louis Railway

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 302PublishedCited by 35 opinions

Appeal, No. 302, Oct. T., 1894, by plaintiffs, from judgment of C. P. Washington Co., Nov. T., 1892, No. 58, on demurrer in favor of defendant. Trespass for negligence.

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Appeal, No. 302, Oct. T., 1894, by plaintiffs, from judgment of C. P. Washington Co., Nov. T., 1892, No. 58, on demurrer in favor of defendant. Trespass for negligence. Plaintiffs’ amended statement was as follows: “ T. F. Birch and J. W. Rowland, executors of the last will and testament of Mary V. Taylor, deceased,—substituted by leave of the court under the.provisions of the 18th section of the act of April 15,1851, as plaintiffs herein in place of the said Mary V. Taylor, by whom this action of trespass was brought in her lifetime against the Pittsburg, Cincinnati, Chicago and St. Louis…

1Opinion of the Court

Opinion by

Mb. Chief Justice Sterrett,-

This action of trespass was brought by Mrs. Mary Y. Ta}rlor in August, 1892, to recover damages for personal injuries suffered by reason of the negligence of defendant company’s employees while she was a passenger on one of its trains.

On March 28, 1893, after the cause was at issue but before trial, she died, and, on August 30th following, her executors above named were substituted as plaintiffs. By leave of court they filed ^an amended statement, to which defendant company demurred, “for the reason that said statement discloses the fact that the said…

2Cases cited1 opinion

  1. Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877

3Cited by35 opinions

  1. McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
  2. Centofanti v. Penna. R. R.Supreme Court of Pennsylvania · 1914
  3. Howard v. Bell Telephone Co.Supreme Court of Pennsylvania · 1932
  4. Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  5. Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961

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