Thompson v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeals, Nos. 256 and 257, Jan. T., 1906, bjr defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1905, No. 2,135, on verdict for plaintiffs in case of Henry E. Thompson, by his father and next friend, Edward H. Thompson, and Edward H. Thompson, in his own right, v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries to a boy eight years old. Before Audenried, J. The facts are stated in the opinion of the Supreme Court.
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Appeals, Nos. 256 and 257, Jan. T., 1906, bjr defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1905, No. 2,135, on verdict for plaintiffs in case of Henry E. Thompson, by his father and next friend, Edward H. Thompson, and Edward H. Thompson, in his own right, v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries to a boy eight years old. Before Audenried, J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiffs for $2,500. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Me. Justice Fell,
The defendant maintained a large train yard, used for the shifting and storage of cars and the receipt and delivery of freight, in close proximity to a thickly populated section of the city of Philadelphia. Ten or twelve feet from an entrance to the yard from a public street there was a turntable which was not kept locked when not in use but was fastened by a brake that anyone could open. A high boardfence surrounded the yard but in places it was broken and the gates were usually open. Little or no effort appears to have been made to exclude the public from the yard…
2Cases cited15 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
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3Cited by46 opinions
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- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Thompson v. Reading Co.Supreme Court of Pennsylvania · 1941
- Bottom's v. HawksSupreme Court of Vermont · 1911
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