Bellows v. Pa. & N. Y. Canal & R. R.
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1893, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1890, No. 479, on verdict for plaintiff, Erastus R. Bellows. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 51, Jan. T., 1893, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1890, No. 479, on verdict for plaintiff, Erastus R. Bellows. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendants’ point among others was as follows: “ 13. That under the circumstances of this case, the bridge that caused the accident having been in the same position for years, and well known to the plaintiff, the only difference in the engine used on this trip being an increased projection towards the side of the bridge of at most three inches and arm rests…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff had been in the service of the defendant company as brakeman, fireman and locomotive engineer, about twenty years when the accident that gave rise to this action happened. During this period he had been running regularly over the same line of railroad, and since its erection in 1874 had crossed the bridge near Athens, where this accident occurred, daily. He was therefore thoroughly familiar with the road, its grades, bridges, and whatever else it was important for an engineer to know in order that he might run trains over it with safety. In August,…
2Cases cited1 opinion
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