Robertson v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 349, Jan. T., 1896, by-plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1894, No. 316, refusing to take off nonsuit. Trespass to recover damages for the death of plaintiff’s husband. Before Pennypacker, J. At the trial it appeared that the deceased, James A. B. Robertson, was lulled on October 2, 1893, by a train of the defendant company at a railroad crossing in Morrisville, Bucks county.
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Appeal, No. 349, Jan. T., 1896, by-plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1894, No. 316, refusing to take off nonsuit. Trespass to recover damages for the death of plaintiff’s husband. Before Pennypacker, J. At the trial it appeared that the deceased, James A. B. Robertson, was lulled on October 2, 1893, by a train of the defendant company at a railroad crossing in Morrisville, Bucks county. The circumstances of the accident are stated in the opinion of of the Supreme Court. The court entered a nonsuit, Pennypacker, J., saying: We have had the benefit of having this…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The facts in regard to the decedent’s negligence are not disputed. He was riding a bicycle, and when he came to defendant’s road, which at that point had four tracks, a freight train was passing, for which he had to wait. He did not dismount, but made what the appellant calls a “ bicycler’s stop ” by circling on his wheel round and round at a distance of fire to ten yards from the track, and when the freight train had passed he started across without dismounting, and was struck by a train coming in the opposite direction on another track. Passing by the…
2Cited by5 opinions
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