Counizzarri v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 277 and 278, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3918, on verdiet for plaintiffs, in case of Rosie Counizzarri, by her father and next friend, Francesco Counizzarri, and Francesco Counizzarri, in his own right, v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Staples,- P. J., specially presiding. The opinion of the Supreme Court states the facts.
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Appeals, Nos. 277 and 278, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3918, on verdiet for plaintiffs, in case of Rosie Counizzarri, by her father and next friend, Francesco Counizzarri, and Francesco Counizzarri, in his own right, v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Staples,- P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for Rosie Counizzarri for $8,000 and for Francesco Counizzarri for $1,000 and judgment thereon. Defendant appealed.…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We see no merit in this appeal. The action was brought to recover damages for injuries to a seven year old child caused by its being struck by the overhang of defendant’s freight car while the child was on the defendant’s right of way which the jury was justified in finding had, with its permission, been used for many years as a street or passageway for pedestrians and vehicles. The defendant’s right of way included a strip of land about ten feet wide adjacent to the ground occupied by its tracks. It extended from Armat street to Chelten avenue in Germantown.…
2Cases cited1 opinion
- O'Leary v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1915
3Cited by20 opinions
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- Altenbach, Et Ux. v. Leh. Val. R.R. Co.Supreme Court of Pennsylvania · 1944
- Hogan v. Etna Concrete Block Co.Supreme Court of Pennsylvania · 1936
- Gawronski v. McAdooSupreme Court of Pennsylvania · 1920
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