Newhard v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 136, July T., 1892, by plaintiff, John H. Newhard, from judgment of C. P. Montgomery Co., Oct. T., 1891, No 79, for defendant non obstante veredicto. Trespass for personal injuries. The facts as they appeared at the trial before Swartz, P. J., are stated in the opinion of the Supreme Court. Errors assigned were, inter alia, (1) in entering judgment non obstante veredicto on reserved point, quoting point.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
In this case the plaintiff avers the defendant negligently ran its passenger train over a public road crossing in Montgomery county, whereby he sustained damage.
The facts as they appeared at the trial, either not disputed or beyond doubt established, are these :
On the morning of the 14th of January, 1890, Newhard, the plaintiff, while driving a one-horse wagon on the old Perkiomen turnpike, at a grade crossing over the defendant’s railroad near Pottstown, was struck by .the west-bound express; the horse was killed and the wagon broken to pieces; Newhard was…
2Cases cited5 opinions
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
- Childs v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Wilde v. TrainorSupreme Court of Pennsylvania · 1868
- Arnold v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1887
- H. & T. C. Ry. Co. v. CarsonTexas Supreme Court · 1886
3Cited by32 opinions
- Wilson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1966
- Anstine v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1941
- Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
- Littlejohn v. Midland Valley R. Co.Supreme Court of Oklahoma · 1915
- Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
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