Whitman v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 226, Jan. T., 1893, by plaintiff, Hiram Whitman, from judgment of C. P. No. 2, Phila. Co., March T., 1891, No. 705, entering nonsuit in favor of defendant. Trespass for personal injuries received at a public grade crossing of a railroad.
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Appeal, No. 226, Jan. T., 1893, by plaintiff, Hiram Whitman, from judgment of C. P. No. 2, Phila. Co., March T., 1891, No. 705, entering nonsuit in favor of defendant. Trespass for personal injuries received at a public grade crossing of a railroad. At the trial, before Pennypacker, J., it appeared that plaintiff, a man fifty-three years of age, was driving at about one o’clock in the morning of January 13, 1889, in a one-horse wagon witb Isaac A. Hollingsworth on the Lancaster turnpike. They approached a crossing of defendant company, composed of three tracks at Atglen borough, in the county…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge nonsuited the plaintiff for violation of the rule which requires a traveler about to cross a railroad track, to stop, look and listen, because he held that the evidence showed that where plaintiff stopped, the trains could neither be seen nor heard. The rule has been enforced and reiterated in so many cases, from R. R. Co. v. Beale, 73 Pa. 504, down, that it needs no further discussion. As was said in McNeal v. R. R. Co., 131 Pa. 184, experience has confirmed the wisdom of its adoption, and it will not be relaxed nor pared down by exceptions.…
2Cases cited4 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Central Railroad Co. of New Jersey v. FellerSupreme Court of Pennsylvania · 1877
3Cited by22 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Ehrlich v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1946
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
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