Boggess v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 224, Oct. T., 1911, by defendant from judgment of C. P. No. 4, Allegheny Co., First Term, 1909, No. 233, on verdict for plaintiff in case of Minerva Elizabeth Boggess v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Cohen, J. At the trial it appeared that the deceased was killed in defendants yard on January 20, 1908, while diagonally crossing a track in order to reach a car which he intended to unload.
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Appeal, No. 224, Oct. T., 1911, by defendant from judgment of C. P. No. 4, Allegheny Co., First Term, 1909, No. 233, on verdict for plaintiff in case of Minerva Elizabeth Boggess v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Cohen, J. At the trial it appeared that the deceased was killed in defendants yard on January 20, 1908, while diagonally crossing a track in order to reach a car which he intended to unload. The evidence tended to show that the death of the decedent was due to the negligent operation of a locomotive. The court…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The husband of appellee was struck and killed by a shifting engine in the freight yards of appellant company. He was a dealer in produce and went to the freight yards on the morning of the accident to take charge of a car of produce consigned to him, which car was standing on a side track in the freight yards at a Customary place for the purpose of delivery. The car was delivered at that point in order that the consignee might have reasonable and safe access to it for the purpose of unloading and removing the produce which belonged to him. The shipper as he had the…
2Cases cited10 opinions
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Taylor v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1886
- Pennsylvania Railroad v. ButlerSupreme Court of Pennsylvania · 1868
- McHugh v. SchlosserSupreme Court of Pennsylvania · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gentile v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1922
- Baxter v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Dempsey v. City of ScrantonSupreme Court of Pennsylvania · 1919
- Zimmerman v. WeinrothSupreme Court of Pennsylvania · 1922
- Wyatt v. RussellSupreme Court of Pennsylvania · 1932
14 more not listed; retrieve them via the Exa API.