Kovarik v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 334, Jan. T., 1912, by defendant, from judgment of O. P. Bradford Co., Feb. T., 1909, No. 239, on verdict for plaintiff in case of John Kovarik v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Cameron, P. J., specially presiding. The opinion of the Supreme Court states the case. Verdict for plaintiff for $3,000 and judgment thereon. Defendant appealed. Errors assigned were various rulings and instructions of the court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this action the plaintiff sought to recover damages for personal injuries resulting from the alleged negligence of the defendant company. The specific act charged was the running of an engine and tender backwards at a dark hour of the night, without lights and without giving warning, over a permissive crossing, which was daily used by the public, and which the plaintiff had been in the habit of using night and morning while going to and from his work. At the place where the plaintiff alleges the accident occurred there were five or six tracks. One of them is…
2Cases cited1 opinion
- Forno v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
3Cited by1 opinion
- Conklin v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1920