Brague v. Northern Central Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 372, Jan. T., 1898, by plaintiff, from order of C. P. Bradford Co., Feb. T., 1897, No. 172, refusing to take off nonsuit. Trespass to recover damages for personal injuries.
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Appeal, No. 372, Jan. T., 1898, by plaintiff, from order of C. P. Bradford Co., Feb. T., 1897, No. 172, refusing to take off nonsuit. Trespass to recover damages for personal injuries. The facts appear by the opinion of the Supreme Court, and by the opinion of Albright, P. J., of the 31st judicial district, specially presiding, refusing to take off nonsuit, which opinion, omitting the testimony quoted, was as follows: On March 28, 1885, the plaintiff was injured while he was walking between the tracks of the defendant’s railroad at a place called Carpenter’s, by being struck by a moving…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The plaintiff and all his witnesses who speak upon the sub*249ject, testify that the plaintiff, at the time he was struck by the engine, was walking upon the track of the railroad in between the rails and along the track. He was not at the highway crossing, but some twenty feet away from it, according to his own testimony, and about thirty-five or forty feet distant, according to the testimony of McCaslin, one of his witnesses. The engine was moving very slowly, about five or six miles an hour. Smith, another of the plaintiff’s witnesses, who was on the ground and saw…
2Cases cited4 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Cauley v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1880
- Moore v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1882
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
3Cited by10 opinions
- Gray v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1928
- Koontz v. Baltimore Ohio R. R. Co.Supreme Court of Pennsylvania · 1932
- Leithold v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1911
- Noonan Et Ux. v. Pa. Railroad Co.Superior Court of Pennsylvania · 1937
- Dobrowolski v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1935
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