Bannon v. The Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 112, April T., 1905, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1903, No. 336, on verdict for plaintiff in case of Joseph F. Bannon v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and. judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
There is no material fact in dispute in this case and the validity of the verdict depends upon the accuracy of the answer given by the learned trial judge in the court below to the appellant’s first point(lst assignment of error), to wit: “ Under all the evidence, the plaintiff is not entitled to recover and the verdict of the jury must be in favor of the defendant,” which was refused. The plaintiff was a policeman of the city of Pittsburg and while transferring a prisoner in his custody from a patrol box to the station house he was injured by the fall of a fence upon him.
2Cases cited23 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Curtin v. SomersetSupreme Court of Pennsylvania · 1891
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Gillespie v. McGowanSupreme Court of Pennsylvania · 1882
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Propert v. FlanaganSupreme Court of Pennsylvania · 1923
- Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1907
- Brace v. KirbySuperior Court of Pennsylvania · 1910
- Darby v. Clare Food & Relish Co.Superior Court of Pennsylvania · 1933
- De Carlo v. MargolisSupreme Court of Pennsylvania · 1935
3 more not listed; retrieve them via the Exa API.