Leitzell v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 60, Jan. T., 1911, by defendant, from judgment of C. P. Columbia Co., Dec. T., 1909, No. 86, on verdict for plaintiff in case of Melvin A. Leitzell v. The Delaware, Lackawanna & Western Railroad Company. Trespass for personal injuries. Before Evans, P. J. Plaintiff was injured on August 26, 1909, while working as a brakeman on a freight train of the defendant railroad through the breaking of a board cover on a sluiceway crossing under the tracks.
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Appeal, No. 60, Jan. T., 1911, by defendant, from judgment of C. P. Columbia Co., Dec. T., 1909, No. 86, on verdict for plaintiff in case of Melvin A. Leitzell v. The Delaware, Lackawanna & Western Railroad Company. Trespass for personal injuries. Before Evans, P. J. Plaintiff was injured on August 26, 1909, while working as a brakeman on a freight train of the defendant railroad through the breaking of a board cover on a sluiceway crossing under the tracks. The opinion of the Supreme Court states the case. Verdict for plaintiff for $7,000 and judgment thereon. Defendant appealed. Errors…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The only question raised by this appeal is as to the basis upon which the damages for the injury sustained by the plaintiff should be computed. Evidence upon the part of the plaintiff was offered tending to show that the injury to his knee is permanent;- and that it will be so unless a surgical operation be performed, was practically conceded. Upon the part, of the defendant, there was evidence tending to show that the injury CQjffdJie.eured by a surgical operation, to which a reasonably prudent man ought to submit; and it was contended that by reason 1 of that…
2Cases cited1 opinion
- Kehoe v. Allentown & Lehigh Valley Traction Co.Supreme Court of Pennsylvania · 1898
3Cited by12 opinions
- McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
- Jones v. EpplerSupreme Court of Oklahoma · 1953
- Prudential Ins. Co. of America v. DavisCourt of Appeals of Tennessee · 1934
- Lesh v. Illinois Steel Co.Wisconsin Supreme Court · 1916
- Cody v. Insurance Co.West Virginia Supreme Court · 1932
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