Schwarz v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 374, Jan. T., 1906, by defendant, from judgment of C. P. Monroe Co., Peb. T., 1901, No. 11, on verdict for plaintiff in case of Richard F. Schwarz v. Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for death. Before Trexler, P. J., specially presiding. See 211 Pa. 625 The facts appear by the opinion of the Supreme Court.
Read the full summary
Appeal, No. 374, Jan. T., 1906, by defendant, from judgment of C. P. Monroe Co., Peb. T., 1901, No. 11, on verdict for plaintiff in case of Richard F. Schwarz v. Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for death. Before Trexler, P. J., specially presiding. See 211 Pa. 625 The facts appear by the opinion of the Supreme Court. At the trial defendant presented the following points : 1. Under all the evidence in this case the verdict of the jury should be for the defendant. Answer : The first point is refused without reading. [1] 3. In the absence of all…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
When this case was here before (211 Pa. 625), on appeal from the refusal of the court below to take off a judgment of nonsuit, we held that on the evidence submitted by the plaintiff the liability of the defendant was for a jury. On this second trial nothing offered by way of defense would have justified the court in directing a verdict for the appellant, and, but for a single error, the judgment would be affirmed.
The first contention of the appellant is that, from the testimony submitted by it, the presumption that the deceased had stopped, looked and listened was…
2Cases cited8 opinions
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Childs v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Longenecker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Quigley v. Del. & H. Canal Co., Pennsylvania Court of Common Pleas, Luzerne County1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ealy v. New York Central RailroadSupreme Court of Pennsylvania · 1938
- Craft v. HinesSupreme Court of Pennsylvania · 1922
- Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Johns v. Baltimore & Ohio Railroad CompanyDistrict Court, W.D. Pennsylvania · 1956
- Williams v. PittsburghSupreme Court of Pennsylvania · 1944
2 more not listed; retrieve them via the Exa API.