Pennsylvania Co. v. Toomey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county; Of October and November Term 1879, No. 116. Case by John Toomey against the Pennsylvania Company, ope-, rating the Pittsburgh and Cleveland Railroad, and Lyman Householder, a conductor on the railroad of said company, to recover damages for injuries alleged to have been received by having been pushed from a train of said company, while in motion, by said conductor.
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Error to the Court of Common Pleas, No. 1, of Allegheny county; Of October and November Term 1879, No. 116. Case by John Toomey against the Pennsylvania Company, ope-, rating the Pittsburgh and Cleveland Railroad, and Lyman Householder, a conductor on the railroad of said company, to recover damages for injuries alleged to have been received by having been pushed from a train of said company, while in motion, by said conductor. The facts are stated in the opinion of this court. The verdict was for the plaintiff for $500. The defendant took this writ. The company was not responsible for the…
1Opinion of the CourtJustice Mercur
This was an action on the case against the plaintiff in error, and Householder, the conductor of the train, for forcibly ejecting the. defendant in error from the platform of a passenger car of the company. After the latter closed his evidence, the counsel for the defendants below moved for judgment of nonsuit. The court granted the nonsuit as to Householder, but refused it as to the railroad company.
We see no error in the first assignment. Under the conflicting evidence it was right to submit the case to the jury under proper instructions.
The alleged error arises under the second assignment…
2Cases cited1 opinion
- Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
3Cited by9 opinions
- Berryman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Greb v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
- Arnold v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1887
- Rohrback v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Misorski v. Pennsylvania R.R. Co.Supreme Court of Pennsylvania · 1943
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