Legal Opinion

Baker v. Pennsylvania Co.

Pennsylvania Court of Common Pleas, Erie County

Decided May 25, 1891No. 134PublishedCited by 10 opinions

No. 134 July Term 1890, Sup. Ct.; court below, No. 191 May Term 1885, C. P. On April 23, 1885, Charles Baker and Phoebe Baker, his wife, in right of said Phoebe Baker, brought trespass on the case against the Pennsylvania Company, to recover for personal injuries alleged to have been received by said Phoebe Baker, in consequence'of negligence of the defendant company-The defendant pleaded not guilty.

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No. 134 July Term 1890, Sup. Ct.; court below, No. 191 May Term 1885, C. P. On April 23, 1885, Charles Baker and Phoebe Baker, his wife, in right of said Phoebe Baker, brought trespass on the case against the Pennsylvania Company, to recover for personal injuries alleged to have been received by said Phoebe Baker, in consequence'of negligence of the defendant company-The defendant pleaded not guilty. Before the trial, the beneficial plaintiff having died, D. G. Spaulding, administrator of her estate was substituted. At the trial, on March 6, 1890, the following facts were shown: On the…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

The first, second, and third assignments of error are hardly just to the learned judge of the court below. They rest on detached sentences taken from the charge, which need to be read in their proper connection, and which, when so read, are unobjectionable. The fourth assignment is directed to what is evidently an inaccurate expression which may seem to lay down the doctrine that remote as well as proximate causes are sufficient to sustain an action; but the context shows that this was not the meaning of the judge, and that the jury could not have been misled by…

2Cases cited1 opinion

  1. Lehigh Valley Railroad v. McKeenSupreme Court of Pennsylvania · 1879

3Cited by10 opinions

  1. Botta v. BrunnerSupreme Court of New Jersey · 1958
  2. Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  3. Littman v. Bell Tel. Co. of Pa.Supreme Court of Pennsylvania · 1934
  4. Herb v. HallowellSupreme Court of Pennsylvania · 1930
  5. McLane v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911

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