Weisenberg v. Lackawanna & Wyoming Valley R. R.
Supreme Court of Pennsylvania
Appeal, No. 266, Jan. T., 1911, by plaintiff, from order of C. P. Luzerne Co., Oct., 1905, No. 391, refusing to take off nonsuit in case of Tony Weisenberg v. Lackawanna and Wyoming Railroad Company. Trespass .to recover damages for personal injuries. Before Trexler, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit. — The case was for the jury: Keifner v. Ry.
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Appeal, No. 266, Jan. T., 1911, by plaintiff, from order of C. P. Luzerne Co., Oct., 1905, No. 391, refusing to take off nonsuit in case of Tony Weisenberg v. Lackawanna and Wyoming Railroad Company. Trespass .to recover damages for personal injuries. Before Trexler, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit. — The case was for the jury: Keifner v. Ry. Co., 223 Pa. 50; Besecker v. D. L. & W. R. R. Co., 220 Pa. 507; Philada., W. & B. R. R. Co. v. Anderson, 8 L. R. A. 673; Struble v. Pennsylvania Co.,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
At Midvale station, on the line of the defendant’s double track electric railroad, there is a platform on either side of the tracks, raised a few inches above them. A plank walk seven feet wide and twenty-two feet long, level with the tracks extends from one platform to the other. Between the tracks there is a picket fence two hundred and fifty feet in length with an opening at the plank walk. The town of Midvale is west of the railroad and persons going from it to the east platform or to it from that platform are required to use the plank walk in crossing the…
2Cases cited8 opinions
- Betts v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1899
- Flanagan v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1897
- Besecker v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1908
- Yevsack v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1908
- Harper v. Pittsburg, Cincinnati, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1908
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3Cited by4 opinions
- Wiley v. Rutland RailroadSupreme Court of Vermont · 1913
- Lynn v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1920
- Seltzer v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1918
- Dahl v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923