Legal Opinion

McKinney v. Baltimore & Ohio Railroad

Supreme Court of Pennsylvania

Decided January 2, 1915No. Appeal, No. 20PublishedCited by 8 opinions

Appeal, No. 20, Oct. T., 1914, by defendant, from judgment of C. P. Washington Co., Feb. T., 1913, No. 99, on verdict for plaintiff in case of Charles F. McKinney and Nellie May McKinney v. The Baltimore and Ohio Railroad Company. Trespass to recover damages for the death of a minor child. Before Ruppel, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiffs, for $1,800 and judgment thereon. Defendant appealed.

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Appeal, No. 20, Oct. T., 1914, by defendant, from judgment of C. P. Washington Co., Feb. T., 1913, No. 99, on verdict for plaintiff in case of Charles F. McKinney and Nellie May McKinney v. The Baltimore and Ohio Railroad Company. Trespass to recover damages for the death of a minor child. Before Ruppel, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiffs, for $1,800 and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing to direct a verdict for defendant, and in refusing to enter judgment for defendant n. o.…

1Opinion of the Court

Opinion by

Me. Justice Mosohziskbb,

This was an action to recover damages for the death of a minor child; the verdict was for the plaintiffs and the defendant has appealed.

There was a conflict in the testimony on some of the material issues; hut, since the verdict was for the plaintiffs and the evidence relied upon by them was sufficient to that end, for purposes of review, we must take the following facts as established: That the accident happened about dusk in the evening of October 3d, 1912; that the child who was killed was 6% years old; that he resided with his parents on College street,…

2Cases cited3 opinions

  1. Evers v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
  2. Pittsburg, Allegheny & Manchester Railway Co. v. PearsonSupreme Court of Pennsylvania · 1872
  3. Harkins v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1896

3Cited by8 opinions

  1. Geelen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1960
  2. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  3. Cover v. Hershey Transit Co.Supreme Court of Pennsylvania · 1927
  4. Yeager v. Gately & Fitzgerald, Inc.Supreme Court of Pennsylvania · 1919
  5. Parznik v. Central Abattoir Co.Supreme Court of Pennsylvania · 1925

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