Guthrie v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeals, Nos. 164 and 165, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., Nov. T., 1907, No. 9, on verdict for plaintiffs in case of M. G. Guthrie and Elizabeth Guthrie, his wife, v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before McIlvaine, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for M. G. Guthrie for $3,000 and for Elizabeth Guthrie, $7,000. Defendant appealed.
Read the full summary
Appeals, Nos. 164 and 165, Oct. T., 1908, by defendant, from judgment of C. P. Washington Co., Nov. T., 1907, No. 9, on verdict for plaintiffs in case of M. G. Guthrie and Elizabeth Guthrie, his wife, v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before McIlvaine, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for M. G. Guthrie for $3,000 and for Elizabeth Guthrie, $7,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Per Curiam,
The crossing at which the accident occurred is conceded to be exceptionally dangerous, and at the time was incumbered with cars, etc., which obstructed the view. The plaintiff driving towards the crossing stopped at a point about eighty feet from the tracks, looked through a driveway or opening to the east where a view could be had for a distance of about 500 feet, and seeing or hearing nothing drove on to a further point variously stated from fifty to twenty-five feet, and again stopped, looked. *368and listened. A freight train was pulling out from the siding at this point and when…
2Cases cited3 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Howard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1908
- Beach v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
3Cited by4 opinions
- Johnson v. Director General of RailroadsSupreme Court of Pennsylvania · 1924
- Kelly v. Northampton County Agricultural SocietySupreme Court of Pennsylvania · 1926
- Rosenfield v. Lehigh Valley R.R. Co.Superior Court of Pennsylvania · 1933
- Kitchen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911