ECHON v. PENNSYLVANIA R.R. CO.


365 Pa. 529 (1950)

Echon, Admrx., v. Pennsylvania Railroad Company, Appellant.

Supreme Court of Pennsylvania.

November 13, 1950.


Attorney(s) appearing for the Case

Bruce R. Martin, with him Dalzell, McFall, Pringle & Bredin, for appellant.

John E. Evans, Jr., with him Evans, Ivory & Evans and Herbert Jacobson, for appellee.

Before DREW, C.J. STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE CHIDSEY, November 13, 1950:

Frances Echon instituted this action in trespass against Pennsylvania Railroad Company, appellant, under the Survival Act of 1937 and under the Wrongful Death Statute.1 Decedent was killed when in the process of traversing appellant's tracks over a permissive crossing he fell and was run over by appellant's switching engine. A jury returned a verdict for $4,500 in the survival action and...

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