Legal Opinion

Dunne v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided April 12, 1915No. Appeal, No. 16PublishedCited by 12 opinions

Appeal, No. 16, Jan. T., 1915, by defendant, from judgment of C. P. Chester Co., Aug. T., 1914, No. 112, on verdict for plaintiffs in case of John W. Dunne, by his father and next friend, Patrick J. Dunne, and Patrick J. Dunne in his own right, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Butler, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 16, Jan. T., 1915, by defendant, from judgment of C. P. Chester Co., Aug. T., 1914, No. 112, on verdict for plaintiffs in case of John W. Dunne, by his father and next friend, Patrick J. Dunne, and Patrick J. Dunne in his own right, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Butler, J. The opinion of the Supreme Court states the facts. Verdict for John W. Dunne for $3,954.16 and for Patrick J. Dunne for $795 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing…

1Opinion of the Court

Opinion by

Mr. Justice Stewaet,

John W. Dunne, the plaintiff, a boy fourteen years of age, at about eight o’clock of the evening of the 6th day of May, 1914, boarded a freight car of the defendant company while it was moving slowly through the Borough of Phcenixville. His purpose was to steal a ride to Norristown. He climbed to the top of the car he had boarded by means of the ladder at the side, and seated himself at the end of the car, with his face towards the engine and his feet in the space between the car on which he was riding and the car next in front. For security he held to the brake…

2Cases cited1 opinion

  1. Philadelphia, Wilmington, & Baltimore R. v. BrannenSupreme Court of Pennsylvania · 1886

3Cited by12 opinions

  1. Evans v. Otis Elevator Co.Supreme Court of Pennsylvania · 1961
  2. McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
  3. Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
  4. Bickley v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1917
  5. Kelly Et Ux. v. YountSuperior Court of Pennsylvania · 1939

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