Lake Shore & M. S. Ry. Co. v. Frantz
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY, No. 414 January Term 1889, Sup. Ct.; court below, No. 121 May Term 1885, C. P. On March 18, 1885, Albert Frantz brought case against the Lake Shore & Michigan Southern Railway Company, to recover damages for personal injuries alleged to have been caused by the negligence of defendant company’s employees. Issue.
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ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY, No. 414 January Term 1889, Sup. Ct.; court below, No. 121 May Term 1885, C. P. On March 18, 1885, Albert Frantz brought case against the Lake Shore & Michigan Southern Railway Company, to recover damages for personal injuries alleged to have been caused by the negligence of defendant company’s employees. Issue. At the trial on September 21, 1888, the facts shown by the plaintiff’s testimony were in substance as follows : Parade street, in the city of Erie, runs north and south, and is crossed at right angles and at grade by the tracks of the…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The testimony on behalf of the plaintiff was to the effect that a public crossing in a city street was partially obstructed by standing cars: Penna. R. Co. v. Ackerman, 74 Pa. 265 ; Penna. R. Co. v. Horst, 110 Pa. 226 ; and this crossing, the view of which was thus obstructed, was approached by a handcar at the rate of ten miles an hour, noiselessly, and without warning of any kind until the collision was imminent, and that the safety-gates which were there in accordance with the requirements of the city ordinances, were open, and thus tended to mislead the…
2Cases cited5 opinions
- Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889
- Collins v. LeafeySupreme Court of Pennsylvania · 1889
- Pennsylvania Railroad v. AckermanSupreme Court of Pennsylvania · 1873
- Pennsylvania Railroad v. HorstSupreme Court of Pennsylvania · 1885
- Philadelphia & Reading Railroad v. AdamsSupreme Court of Pennsylvania · 1879
3Cited by18 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Wallace v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Ayers v. MacOughtrySupreme Court of Oklahoma · 1911
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