Urias v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 259, Oct. T., 1892, by defendant, from judgment of O. P. No. 8, Allegheny Co., Feb. T., 1892, No. 262, on verdict for plaintiff, Mary E. Urias. Trespass for death of plaintiff’s husband. At the trial, before Kennedy, P. J., it appeared that plaintiff’s intestate was killed on July 20,1891, by being struck by a train of cars on defendant’s railroad at a grade crossing at Copeland station. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 259, Oct. T., 1892, by defendant, from judgment of O. P. No. 8, Allegheny Co., Feb. T., 1892, No. 262, on verdict for plaintiff, Mary E. Urias. Trespass for death of plaintiff’s husband. At the trial, before Kennedy, P. J., it appeared that plaintiff’s intestate was killed on July 20,1891, by being struck by a train of cars on defendant’s railroad at a grade crossing at Copeland station. The facts appear by the opinion of the Supreme Court. Defendant’s request for binding instructions was refused. [1] Verdict and judgment for plaintiff for $2,500. Defendant appealed. Error…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The only speeiiication is, that the court below erred in refusing defendant’s sixth point. The point was as fellows: “ That under all the evidence in this case the verdict should be in favor of the defendant.”
*328The alleged negligence of the defendant was of a twofold character. First, that the train was running at an unreasonable rate of speed, and, second, that no warning was given by the blowing of the whistle, or the ringing of the bell, of the approach of the train to the crossing where the accident occurred.
The train appeared to have heen running at a…
2Cases cited1 opinion
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
3Cited by32 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Ferruzza v. PittsburghSupreme Court of Pennsylvania · 1958
- Ealy v. New York Central RailroadSupreme Court of Pennsylvania · 1938
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
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