McClure v. Lake Shore & Michigan Southern Railway Co.
Superior Court of Pennsylvania
Appeal, No. 208, April T., 1909, by defendant, from judgment of C. P. Mercer Co., April T., 1906, No. 70, on verdict for plaintiff in case of R. D. McClure v. The Lake Shore & Michigan Southern Railway Company. Trespass to recover damages for the loss of two horses at a grade crossing. Before Williams, P. J. The circumstances of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $519.60. Defendant appealed.
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Appeal, No. 208, April T., 1909, by defendant, from judgment of C. P. Mercer Co., April T., 1906, No. 70, on verdict for plaintiff in case of R. D. McClure v. The Lake Shore & Michigan Southern Railway Company. Trespass to recover damages for the loss of two horses at a grade crossing. Before Williams, P. J. The circumstances of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $519.60. Defendant appealed. Error assigned was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J,
The plaintiff brought this action to recover damages for the killing of a pair of horses, the destruction of a set of harness and the breaking of the pole of a surrey, which resulted from his team, driven by his employee, coming into collision with an express train of the defendant company, at a grade crossing. The team, in charge of plaintiff’s driver, approached the crossing from the north and the express train of the defendant company approached from the west side of the crossing. There was a cut upon the north side of the railroad, and the bank upon that side was, at…
2Cases cited6 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Central Railroad Co. of New Jersey v. FellerSupreme Court of Pennsylvania · 1877
- Corcoran v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- McKahan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
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3Cited by1 opinion
- Philadelphia, Baltimore & Washington Railroad v. BuchananSupreme Court of Delaware · 1911