Pennsylvania Railroad v. Bock
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Sucks county: Of July Term 1878, No. 67. Case by Anthony Bock against the Pennsylvania Bailroad Company to recover damages for the death of his son and also for the loss of a horse, killed at the same time, by one of defendant’s trains. At the trial, it was agreed that the action should be tried with the same effect as if the plaintiff’s wife had been a party plaintiff', and that she should be concluded by the verdict.
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Error to the Court of Common Pleas of Sucks county: Of July Term 1878, No. 67. Case by Anthony Bock against the Pennsylvania Bailroad Company to recover damages for the death of his son and also for the loss of a horse, killed at the same time, by one of defendant’s trains. At the trial, it was agreed that the action should be tried with the same effect as if the plaintiff’s wife had been a party plaintiff', and that she should be concluded by the verdict. It appeared from the evidence that on the morning of the 81st of May 1875, the plaintiff was hauling manure from a stable in the town of…
1Opinion of the CourtJustice Trunkey
The defendant’s fifth point was, “ that the plaintiff being about to drive a team, with two mules and a horse on the lead, across a railroad track, with a loaded wagon, where trains were running propelled by steam, having placed his son, seven years of age, on the lead horse over which he, the father, had no control, was guilty of negligence in placing his son in such a dangerous position, and cannot recover for the loss of his son or his horse killed by the passing train.” Ans.: “This point assumes a fact, the existence or non existence of which is a question for your consideration, to wit,…
2Cited by6 opinions
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- Commonwealth v. FranklinSuperior Court of Pennsylvania · 1947
- Commonwealth v. Turner Supply Co.Supreme Court of Pennsylvania · 1945
- Commonwealth v. KocherBerks County Court of Quarter Sessions · 1923
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