Hogarty v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 476, Jan. T., 1914, by defendant, from judgment of C. P. No. 5, March T., 1911, No. 1636, on verdict for plaintiff, in case of William J. Hogarty v. Philadelphia & Reading Railway Company. Trespass to ■ recover damages for personal injuries. The facts appear in Hogarty v. Philadelphia & Reading Ry. Co., 245 Pa. 443, and in the opinion of the Supreme Court. Verdict for plaintiff for $6,500 and judgment thereon. Defendant appealed.
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Appeal, No. 476, Jan. T., 1914, by defendant, from judgment of C. P. No. 5, March T., 1911, No. 1636, on verdict for plaintiff, in case of William J. Hogarty v. Philadelphia & Reading Railway Company. Trespass to ■ recover damages for personal injuries. The facts appear in Hogarty v. Philadelphia & Reading Ry. Co., 245 Pa. 443, and in the opinion of the Supreme Court. Verdict for plaintiff for $6,500 and judgment thereon. Defendant appealed. Errors assigned were in permitting plaintiff to amend his statement of claim after the statute of limitations had run, in refusing to direct a verdict…
1Opinion of the Court
Opinion by
Me. Chief Justice Beown,
On February 1, 1910, William J. Hogarty, while performing his duties as an extra freight conductor of a shifting crew, of the Philadelphia & Reading Railway Company, was thrown under a car and sustained serious injuries, which resulted in the loss of his right arm. He was thrown under the car by coming in contact with a telegraph pole, which he alleges in the statement of his cause of action had been negligently placed and left by the railway company too close to the track on which the cars in his charge were being shifted. ■ In the performance of his duties…
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