Legal Opinion

Grant v. Philadelphia, Baltimore & Washington Railroad

Supreme Court of Pennsylvania

Decided May 14, 1906No. Appeal, No. 8PublishedCited by 7 opinions

Appeal, No. 8, Jan. T., 1906, by plaintiffs, from judgment of O. P. No. 4, Phila. Co., March T., 1906, No. 4,092, on verdict for defendant in case of Reuben Grant and Margaret Grant v. Philadelphia, Baltimore & Washington Railroad Company. Trespass by parents to recover damages for the death of their adult son. Before Carr, J. The opinion of the Supreme Court states the case. Verdict and judgment for defendant. Plaintiffs appealed.

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Appeal, No. 8, Jan. T., 1906, by plaintiffs, from judgment of O. P. No. 4, Phila. Co., March T., 1906, No. 4,092, on verdict for defendant in case of Reuben Grant and Margaret Grant v. Philadelphia, Baltimore & Washington Railroad Company. Trespass by parents to recover damages for the death of their adult son. Before Carr, J. The opinion of the Supreme Court states the case. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned was in giving binding instructions for defendant.

1Opinion of the Court

Per Curiam,

The body of the deceased was found on the railroad at some little distance from a permissive crossing, and blood marks at the crossing indicated that he had been struck there. This was all the evidence as to the accident. No witness saw it. The testimony further showed that deceased had made an engagement the previous evening to go to a house near the railroad crossing, and that his habit was to go first to his place of employment from which he might get to the place of his appointment on the other side of the tracks by either of two routes, one of which would lead him to the…

2Cited by7 opinions

  1. Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
  2. Klingseisen v. Costanzo Transp. Co.Court of Appeals for the Third Circuit · 1939
  3. Cawley v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1910
  4. Tracy v. WelchSupreme Court of Connecticut · 1929
  5. Terry v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1915

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