Delaware R. v. Jones

Citations

• 128 Pa. 308
• 18 A. 330
• 1889 Pa. LEXIS 792

Syllabus

<p>(a) A married woman sixty-six years of age, a passenger upon.a railroad train, alighted upon the station platform on the side of the railroad opposite from her destination, and when about to cross the track by a frequented path used by passengers for the same point, was struck by the engine and so injured that she died.</p> <p>1. The evidence being conflicting, (a) as to the exact position of the engine when she started to cross; (b) as to whether she was on the track when the train moved; and (c) as to whether the bell was sounded or a warning signal given, it was not error to submit the questions of negligence and contributory negligence to the jury.</p> <p>2. The plaintiff’s husband having shown that the deceased was his wife and had always been a healthy woman, it was neither necessary nor proper that he should prove special damage, as if the subject of his loss had been a horse or other animal, and he was entitled to recover substantial damages for the pecuniary loss to him without so doing.</p>