McAnally v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 314, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. Co., June Term, 1896, No. 206, refusing to take off nonsuit. Trespass for personal injuries. At the trial the court entered a compulsory nonsuit, Brégy, J., filing the following opinion: This is rather a remarkable case.
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Appeal, No. 314, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. Co., June Term, 1896, No. 206, refusing to take off nonsuit. Trespass for personal injuries. At the trial the court entered a compulsory nonsuit, Brégy, J., filing the following opinion: This is rather a remarkable case. It presents these conditions, according to the testimony of the plaintiff, that he came down one of the streets of the city (Gray’s Ferry road) on the pavement, past a place where the safety gates were, and approached the railroad track of the defendant company without hearing any notice of the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is a case of which it may well be said that nothing exactly like it appears in the reports. It must be conceded, however, that the principles applicable to the facts established by the testimony are well settled and plain. The plaintiff, intending to *469cross the railroad tracks entered upon the space between the safety gates and the nearest rail, before the gates were lowered. The distance from the gates to the rail was about eight feet. When the plaintiff came within six inches of the rail he saw a freight train approaching from the east. He testified that…
2Cases cited4 opinions
- Donahue v. KellySupreme Court of Pennsylvania · 1897
- Floyd v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Pennsylvania Co. v. ToomeySupreme Court of Pennsylvania · 1879
- Scanlon v. SuterSupreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Greb v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Artherholt v. Erie Electric Motor Co.Superior Court of Pennsylvania · 1905
- Gehringer v. Erie Railways Co.Supreme Court of Pennsylvania · 1930
- Shuart v. Traction Co.Superior Court of Pennsylvania · 1900