Coppuck v. Philadelphia, Wilmington & Baltimore Railroad Co.
Citation | 43 A. 70,191 Pa. 172 |
Decision Date | 24 April 1899 |
Docket Number | 356 |
Parties | Eliza Coppuck, Appellant, v. The Philadelphia, Wilmington and Baltimore Railroad Company |
Court | Pennsylvania Supreme Court |
Argued April 4, 1899
Appeal, No. 356, Jan. T., 1898, by plaintiff, from judgment of C.P. No. 4, Phila. Co., Sept. T., 1896, No. 117, on verdict for defendant. Affirmed.
Trespass to recover damages for the death of plaintiff's husband. Before WILLSON, J.
The facts appear by the opinion of the Supreme Court.
The court gave binding instructions in favor of defendant.
Verdict and judgment for defendant. Plaintiff appealed.
Error assigned was in giving binding instructions for defendant.
Judgment affirmed.
John M Strong, with him Albert Constable, for appellant, cited Weber v. Penna. R. Co., 76 Pa. 157; Schum v. Penna. R. Co., 107 Pa. 8; Citizens' Pass. Ry. Co. v. Foxley, 107 Pa. 537; Bradwell v. Ry. Co., 139 Pa. 431; Ely v. Ry. Co., 158 Pa. 233; R.R. Co. v. White, 38 Pa. 327; Gates v. Penna. R. Co., 154 Pa. 566; Davidson v. Lake Shore, etc., Ry. Co., 171 Pa. 522; Lerch v. Bard, 153 Pa. 572; Ellis v. Lake Shore, etc., R.R. Co., 138 Pa. 506; Penna. R. Co. v. Ogier, 35 Pa. 71.
David W. Sellers, for appellee. -- The case is ruled by Gerety v. R.R. Co., 81 Pa. 274, and Baker v. Penna. R. Co., 182 Pa. 336.
Before STERRETT, C.J., GREEN, McCOLLUM, MITCHELL and FELL, JJ.
There are no disputed facts in this case. The only testimony taken on the trial was the testimony furnished by the plaintiff. Two persons only saw the actual collision, and both were examined. One other person testified that he saw the wagon stop at a point on the street about 100 feet from the railroad crossing but he did not see the accident. The persons who did see it were Mr. Eugene Nickerson and the lady who subsequently became his wife. Mr. Nickerson, on his examination in chief, gave the following account of what he saw: After having said there was a headlight on the train, he testified: He further said he could see the train from where he stood just about half a mile distant.
Mrs. Nickerson was also examined. On her examination in chief she was asked: " On cross-examination she was asked: " ...
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