Miller v. Pennsylvania Railroad

Citations

• 256 Pa. 142
• 100 A. 654
• 1917 Pa. LEXIS 578

Syllabus

<p>Negligence — Railroads—Death—■Parties plaintiff — Acts of April 15,1851, P. L. 669, 67k, Sec. 19, and April 26,1855, P. L. 809, Sec. 1 —Railroad, crossings' — Stop, looh and listen — Presumption—Rebuttal — 0ontributory negligence — Binding ■ instructions.</p> <p>1. Where a man and his wife were injured in a railroad accident and the man died immediately, and his wife died three days thereafter without bringing an action for the death of her husband, the children were proper parties to sue for the death of their father under the Acts of April 15, 1851, P. L. 669, 674, Section 19, and April 26, 1855, P. L. 809.</p> <p>2. Where in such case it appeared that decedents were driving in a market wagon upon a turnpike which paralleled the railroad for some distance before crossing it; that the wagon was a closed one with curtains, sliding door and glass front, and that a train running in the same direction in which they were going struck them as they were about to cross, causing the injuries which resulted in their death; and that the view was unobstructed at the crossing for a distance of over 800 feet, the presumption that decedents stopped, looked and listened before attempting to cross was rebutted by the circumstances, although there was no direct evidence on this point, and the court properly directed a verdict for defendant.</p>