Legal Opinion

Holden v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided May 30, 1895No. Appeal, No. 269PublishedCited by 67 opinions

Appeal, No. 269, Jan. T., 1895, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1889, No. 1036, on verdict for plaintiff. Trespass to recover damages for personal injuries received by plaintiff at a railroad crossing of the highway on which plaintiff was riding in a carriage.

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Appeal, No. 269, Jan. T., 1895, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1889, No. 1036, on verdict for plaintiff. Trespass to recover damages for personal injuries received by plaintiff at a railroad crossing of the highway on which plaintiff was riding in a carriage. Before Lynch, P. J. At the trial it appeared that on the morning of Aug. 31, 1888, Rev. William Holden, rector of St. Peter’s church, Hazleton, accepted an invitation extended to him by Mrs. J. C. Hayden, one of his congregation, to ride in her phaeton, four or five miles into the country upon some business…

1Opinion of the Court

Opinion by

Mr. Justice Green,

This was an action to recover damages for personal injuries suffered by the plaintiff in consequence of a collision which occurred at a railroad crossing of a highway on which the plaintiff was riding in a carriage. The plaintiff being examined as a witness on his own behalf, described the occurrence of the accident thus:

“We stopped at this place which was at the top of the hill and looked, and looking down we perceived, or at least I, speaking for myself, perceived a railroad track and at the time we stopped Mrs. Hayden made this remark — objected to. Q. What did…

2Cases cited2 opinions

  1. Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
  2. Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889

3Cited by67 opinions

  1. Gail v. PhiladelphiaSupreme Court of Pennsylvania · 1922
  2. Rice v. HillSupreme Court of Pennsylvania · 1934
  3. Springer v. Allegheny CountySupreme Court of Pennsylvania · 1960
  4. Mirabel v. MoralesSuperior Court of Pennsylvania · 2012
  5. Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908

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