Legal Opinion

Rapp v. Central Railroad

Supreme Court of Pennsylvania

Decided February 14, 1921No. Appeal, No. 43PublishedCited by 16 opinions

Appeal, No. 43, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1918, No. 4953, on verdict for plaintiff, in case of Eva M. Rapp, to use of J. H. Weaver & Co., and herself, and the State Workmen’s Insurance Fund v. Central Railroad of Pennsylvania. Trespass for death of plaintiff’s husband Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $11,679. Defendant appealed.

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Appeal, No. 43, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1918, No. 4953, on verdict for plaintiff, in case of Eva M. Rapp, to use of J. H. Weaver & Co., and herself, and the State Workmen’s Insurance Fund v. Central Railroad of Pennsylvania. Trespass for death of plaintiff’s husband Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $11,679. Defendant appealed. Errors assigned were refusal of (1) binding instructions for defendant and (2) judgment n. o. v., quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Schaffer,

This action was brought to recover damages resulting to the plaintiff from the death of her husband, due as she claims to the defendant’s negligence. The verdict was found for her and the defendant has appealed, contending that no negligence was proved against it, that the trial judge should have given binding instructions in its favor and, this not having been done, judgment should be entered for it here.

Andrew J. Rapp, the husband of the plaintiff, was traveling in an automobile belonging to his employer,, Weaver, about noon on a clear day, along a state…

2Cases cited3 opinions

  1. Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
  2. Tolson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
  3. Harman v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1901

3Cited by16 opinions

  1. Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
  2. Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
  3. Ealy v. New York Central RailroadSupreme Court of Pennsylvania · 1938
  4. Wink v. Western Maryland Railway Co.Superior Court of Pennsylvania · 1934
  5. Craft v. HinesSupreme Court of Pennsylvania · 1922

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