Patterson v. Pittsburg, C. C. & St. L. Ry. Co.

• Citation: 210 Pa. 47,59 A. 318
• Parties: PATTERSON et ux. v. PITTSBURG, C. C. & ST. L. RY. CO.
• Decision Date: 04 November 1904
• Court: United States State Supreme Court of Pennsylvania

59 A. 318
210 Pa. 47

PATTERSON et ux.
v.
PITTSBURG, C. C. & ST. L. RY. CO.

Supreme Court of Pennsylvania.

Nov. 4, 1904.

Appeal from Court of Common Pleas, Washington County.

Actions by Josiah Patterson against the Pittsburg, Cincinnati, Chicago & St. Louis Railway Company and by Clara B. Patterson against the same defendant. Judgments for plaintiffs, and defendant appeals. Affirmed.

At the trial it appeared that on July 4, 1903, at about noon, John T. Patterson and Samuel Patterson, while riding in a wagon, were killed at a grade crossing by a collision between the wagon and a passenger train. The defendant claimed that the presumption that the deceased stopped, looked, and listened before driving upon the tracks had been rebutted by the proofs. The testimony on this subject is summarized in the opinion of the Supreme Court. In both cases the court refused binding instructions for defendant. Verdict for Josiah Patterson for $10,000, on which judgment was entered for $6,000, all above that sum having been remitted. Verdict and judgment for Clara B. Patterson for $11,000.

Argued before MITCHELL, C. J., and DEAN, PELL, BROWN, MESTREZAT, POTTER, and THOMPSON, JJ.

Alex. M. Todd and James A. Wiley, for appellant.

T. F. Birch, for appellees.

PER CURIAM. These two cases grew out of the same accident, and raise the same question. The plaintiff was entitled to go to the jury on the presumption that the deceased did his duty to "stop, look, and listen" before driving on the tracks. Whether that...