Legal Opinion

Sefton v. Baltimore & Ohio Railroad

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 140PublishedCited by 6 opinions

Appeal, No. 140, April T., 1916, by defendant, from judgment of C. P. Butler Co., March T., 1916, No. 179, on verdict for plaintiff in case of Ira L. Sefton v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before Reiser, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $693.77. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff recovered a verdict in the court below, and on this appeal, it is conceded that the question involved, is the sufficiency of the evidence to warrant the court in submitting the case to the jury.

The accident occurred' in clear daylight on a grade crossing of the defendant’s double track railroad, the tracks being located 6 to 8 feet apart. The plaintiff was an expert automobile operator, and driving his own car on a road with which he was not familiar. His approach to the crossing was along a public highway which for quite a distance paralleled the…

2Cases cited5 opinions

  1. Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
  2. Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
  3. Bernstein v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
  4. Paul v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911
  5. Connerton v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. Rhodes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1929
  2. Bready v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1917
  3. E. A. Bream Co. v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1942
  4. Von Bergen v. Erie RailroadSuperior Court of Pennsylvania · 1918
  5. Armstrong v. Conestoga Traction Co.Superior Court of Pennsylvania · 1919

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