Fox v. Pa. R. Co.

Citation46 A. 106,195 Pa. 538
PartiesFOX v. PENNSYLVANIA R. CO.
Decision Date30 April 1900
CourtUnited States State Supreme Court of Pennsylvania
46 A. 106
195 Pa. 538

FOX
v.
PENNSYLVANIA R. CO.

Supreme Court of Pennsylvania.

April 30, 1900.


46 A. 107

Appeal from court of common pleas, Center county.

Action by Mary T. Fox against the Pennsylvania Railroad Company. Judgment for defendant. Plaintiff appeals. Affirmed.

The opinion of the court below on refusing to take off the nonsuit is as follows: "This was an action of trespass, brought by Mrs. Mary T. Fox against the Pennsylvania Railroad Company to recover damages for the death of her husband, who died from injuries received at a public crossing on Race street, in the borough of Bellefonte, on the 13th of November, 1897. At the close of the plaintiff's testimony the defendant moved for a compulsory nonsuit, which was granted, with leave to show cause why the same should not be stricken off. This cause came on and was argued upon the rule to show cause why the nonsuit should not be taken off. The facts, as shown by the plaintiff's evidence, were about as follows: Joseph Fox, the deceased, on the morning of November 13, 1897, about 11 o'clock a. in., was standing on the pavement at the corner of High and Race streets in the borough of Bellefonte, talking with Amos Mullen. The position he was then occupying was not more than about fifty feet distant from the defendant company's siding that was being used at the time in shifting cars. The deceased left the corner, and walked down Race street on the Bush House side of the same, at an apparently natural gait, to where the Lehigh Valley siding crosses the said street before entering the coal yard, now under lease to the Bellefonte Fuel & Supply Company. The distance to the said crossing from High street is about one hundred and seventy-seven feet. The defendant company was shifting a couple of cars loaded with coal from its main siding over the Lehigh Valley siding into the coal yard. The defendant company, with the two coal cars attached ahead of the locomotive, came down the main siding to about the center of High street crossing, and then cut loose from the cars, and shunted them over the Lehigh Valley siding; the Lehigh Valley siding connecting with the defendant company's siding a few feet below High street. There was a brakeman in charge of the two cars. Just as the two cars got to the eastern side of Race street at the crossing, the deceased was struck by them, just as he was about to step on the track, and his right foot cut off, and right leg and thigh crushed, from the effects of which injury he died in a few minutes. The distance from the...

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4 cases
  • Newman v. Delaware, Lackawanna & Western Railroad Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 13, 1902
  • Confer v. Pennsylvania Railroad Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 15, 1904
  • Peoples v. Pa. R. Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 3, 1916
    ...present case, the accident happened at a public crossing, and the plaintiff approached upon a public highway. In Fox v. Penna. R. R. Co., 195 Pa. 538, 46 Atl. 106, where the contention was much the same as here, the court below, in an opinion adopted by this court, pointed out that a carefu......
  • Cruzen v. Boughner
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 7, 1900
    ...Well, it was understood by me it was the Minor farm and Knott farm. Q. Was the nine-feet vein of coal open on any other farm, that you know 46 A. 106 of? A. No, sir." The witness Boughner was also asked: "Q. If William Gray had known in his lifetime that the nine-feet vein of coal was acces......

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