Darbrinsky v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 138, Oct. T., 1914, by plaintiffs, from judgment of O. P. Lawrence Co., Dec. T., 1910, No. 96, refusing to take off nonsuit in case of Lena Darbrinsky, in her own right and in behalf of Walter Darbrinsky, Paul Darbrinsky, Richard Darbrinsky, Charles Darbrinsky, Alfred Darbrinsky, Andy Darbrinsky, Elsie Darbrinsky, and Fred Darbrinsky v. The Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s husband.
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Appeal, No. 138, Oct. T., 1914, by plaintiffs, from judgment of O. P. Lawrence Co., Dec. T., 1910, No. 96, refusing to take off nonsuit in case of Lena Darbrinsky, in her own right and in behalf of Walter Darbrinsky, Paul Darbrinsky, Richard Darbrinsky, Charles Darbrinsky, Alfred Darbrinsky, Andy Darbrinsky, Elsie Darbrinsky, and Fred Darbrinsky v. The Pennsylvania Company. Trespass to recover damages for the death of plaintiff’s husband. Before Porter, P. J. The opinion of the Supreme Court states the case. The court entered a nonsuit which it subsequently refused to take off. Plaintiffs…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This action was brought by the widow in her own right and in behalf of her children for damages resulting from the death of her husband who was killed at a railroad crossing. The defense relied on at the trial and here is that there can be no recovery because of the contributory negligence of the deceased husband. The accident occurred at a grade crossing and the question for decision here is whether the husband, driver of the horse and wagon, was so cleanly guilty of contributory negligence as to warrant the court in thus declaring as a matter of law. The learned…
2Cases cited4 opinions
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- McKahan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Blotz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
- Dehoff v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1910
3Cited by2 opinions
- Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
- Hare v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1916