Walsh v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 130, Jan. T., 1908, by plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1904, No. 714, on verdict for defendant in case of William P. Walsb, Executor of the Estate of Mary Iiayden, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Wheaton, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Yerdict and judgment for defendant.. Plaintiff appealed.
Read the full summary
Appeal, No. 130, Jan. T., 1908, by plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1904, No. 714, on verdict for defendant in case of William P. Walsb, Executor of the Estate of Mary Iiayden, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Wheaton, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Yerdict and judgment for defendant.. Plaintiff appealed. Error assigned was in'giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Mrs. Mary Hayden, the original plaintiff in the case — deceased since the result in the lower court was reached — a widow of about middle age, was injured by a passing train while attempting to cross the tracks of the defendant company in an open wagon — she herself driving — at a public crossing in the city of Wilkes-Barre. The accident occurred about 7:30 of a September evening. The plaintiff was engaged in farming; and in marketing her products had long been accustomed to cross the tracks of the railroad at this point, both in daytime and at night. She…
2Cases cited1 opinion
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
3Cited by11 opinions
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Jester v. Philadelphia, Baltimore & Washington R. R.Supreme Court of Pennsylvania · 1920
- Philadelphia & R. Ry. Co. v. Le BarrCourt of Appeals for the Third Circuit · 1920
- Miller v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Evans v. Denver & R. G. W. R. R. Co.Utah Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.