Hess v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 78, Oct. T. 1904, by defendant, from judgment of C. P. Bedford Co., April T., 1902, No. 288, on verdict for plaintiff in case of John E. Hess v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries.
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Appeal, No. 78, Oct. T. 1904, by defendant, from judgment of C. P. Bedford Co., April T., 1902, No. 288, on verdict for plaintiff in case of John E. Hess v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before Woods, P. J. The facts appear by the opinion of the Superior Court, and by the reports of Trexler v. Baltimore & Ohio Railroad (No. 1) and Trexler v. Baltimore & Ohio R. R. (No. 2). Defendant presented these points : 2. That as he (Hess) alleges and testifies that on one of the doors of the car in which he and the horse were carried was opened a…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action was brought by John E. Hess for the injuries he received in the fire described in the case of Trexler v. Baltimore & Ohio Railroad Company, ante, pp. 198 and 207. All of the questions raised upon the defendant’s appeal in that case are raised in this case; but in this case there is the additional question whether the court ought to have charged the jury that the plaintiff was guilty of contributory negligence in not leaving the car before his injuries were inflicted. We are of opinion that this was properly a question for the jury and not for the court. The…
2Cited by1 opinion
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