Newman v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1902, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1898, No. 14, refusing to take off nonsuit in case of Henry C. Newman V. The Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for personal injuries. Before Febbis, J. The facts are stated in the opinion of the Supreme Court. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
About eight o’clock in the morning of February 17, 1898, Henry C. Newman, the plaintiff, was driving one horse hitched to a buckboard along a country highway in Lackawanna county and approached a grade crossing of the defendant’s double-track railroad. The general direction of the highway was north and south, and the plaintiff was driving south. An automatic electric signal bell stood on the left or east side of the highway, and from fifteen to thirty feet north of the railroad. Painted upon the post of this signal appliance in large letters were the words : “…
2Cases cited5 opinions
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Walker v. GithensSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Barthelmas v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1909
- Summers v. Bloomsburg & Sullivan RailroadSuperior Court of Pennsylvania · 1904
- Toban v. Lehigh & Wilkes-Barre Coal Co.Superior Court of Pennsylvania · 1904
- Worthington v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1903