Pennsylvania R. v. Peters
Supreme Court of Pennsylvania
No. 54 January Term 1886, Sup. Ct.; court below, No. 219 April Term 1883, C. P. The case below was an action for negligence by Jacob Peters against the Pennsylvania Railroad Company. On the trial before John Dean, P. J., of Blair county, holding special term, it appeared that on the morning of October 5, 1882, Jacob Peters, the plaintiff below, bought a ticket from Unionville to Port Matilda, on the Bald Eagle Valley Railroad, leased and operated by the defendant company.
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No. 54 January Term 1886, Sup. Ct.; court below, No. 219 April Term 1883, C. P. The case below was an action for negligence by Jacob Peters against the Pennsylvania Railroad Company. On the trial before John Dean, P. J., of Blair county, holding special term, it appeared that on the morning of October 5, 1882, Jacob Peters, the plaintiff below, bought a ticket from Unionville to Port Matilda, on the Bald Eagle Valley Railroad, leased and operated by the defendant company. The cars being somewhat crowded he found a seat in the forward end of the passenger compartment of the smoking-car, about…
1Opinion of the Court
Opinion,
Mb. Justice Stebbett:
Neither of the twelve specifications of error raises any question as to the sufficiency of the evidence to sustain the averment of negligence on which the action is grounded; nor does either of them involve any question as to the admission or rejection of evidence. Thej'- all, except the twelfth, relate exclusively to the subject of contributory negligence ; and, as to that, the only inquiry suggested is whether it was a question of law for the court or one of fact for the jury. The learned judge of the Common Pleas, holding it was the latter, refused binding…
2Cited by20 opinions
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