Ham v. Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 238, Jan. T., 1892, by defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1889, No. 206, on verdict for plaintiff, Matilda Ham. Trespass by widow for death of her husband caused by alleged negligence of defendant. At the trial, before Searle, P. J., it appeared that plaintiff’s intestate, James Ham, on Nov. 3, 1888, was a passenger upon a train of defendant company from Carbondale to Forest City.
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Appeal, No. 238, Jan. T., 1892, by defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1889, No. 206, on verdict for plaintiff, Matilda Ham. Trespass by widow for death of her husband caused by alleged negligence of defendant. At the trial, before Searle, P. J., it appeared that plaintiff’s intestate, James Ham, on Nov. 3, 1888, was a passenger upon a train of defendant company from Carbondale to Forest City. When the conductor approached him for his ticket, Ham informed him that he had purchased one that morning, and began searching his pockets to find it, but failed to produce it. •…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It must be accepted as settled by the evidence and the verdict that James Ham was wrongfully ejected from the car, and did not enter on the track as a.trespasser or by his own fault. Cases therefore like Mulherrin v. R. R. Co., 81 Pa. 366, and R. R. Co. v. Collins, 87 Pa. 405, and others which hold that a man who steps his foot on a railroad track except at a public crossing does so at his own peril, and that it is negligence per se, have no application.
*553The substantial controversy in this case is upon the standard of conduct required of a man who like Ham is…
2Cases cited4 opinions
- Flower v. BaltimoreSupreme Court of Pennsylvania · 1890
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Ham v. Del. & H. Canal Co., Pennsylvania Court of Common Pleas, Susquehanna County1891
- Pittsburgh, Fort Wayne & Chicago Railway, &c., Co. v. CollinsSupreme Court of Pennsylvania · 1878
3Cited by8 opinions
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Louisville & Nashville R. R. v. Tuggle's Admr.Court of Appeals of Kentucky · 1913
- Bailey v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1908
- Terre Haute, Indianapolis & Eastern Traction Co. v. HunterIndiana Court of Appeals · 1916
- Tilburg v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1907
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