Goodhart v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 170, Jan. T., 1896, by defendant, from judgment of C. P. Mifflin Co., Nov. T., 1894, No. 129, on verdict for plaintiff. Sterrett, C. J., dissents. Trespass for personal injuries.
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Appeal, No. 170, Jan. T., 1896, by defendant, from judgment of C. P. Mifflin Co., Nov. T., 1894, No. 129, on verdict for plaintiff. Sterrett, C. J., dissents. Trespass for personal injuries. Before Williamson, P. J. At the trial it appeared that plaintiff was injured on September 20, 1898, while a passenger on the first section of the Pacific Express on the Pennsylvania railroad in traveling from Harrisburg to his home at Lewistown. ^ When the plaintiff was on the stand the following offer was made: Mr. Woods: We offer to prove by the witness and by other testimony that Dr. Morton was sent…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff received the injury complamed of while a passenger on one of the trains of the defendant company. The train was being moved in two sections. The first section, on which tbe plaintiff was riding, had stopped to repair a break in one of its air pipes, and had sent its flagman back to warn approaching trains. The.second section, having been misled by the signal displayed by an operator at a signal tower, came along at full speed, and its engineer failing to notice the flagman and His efforts to warn him of the position of the first section, the *13acciden…
2Cases cited2 opinions
- McHugh v. SchlosserSupreme Court of Pennsylvania · 1894
- Baker v. Pennsylvania Co., Pennsylvania Court of Common Pleas, Erie County1891
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