Toner v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 151, Jan. T., 1919, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1916, No. 3886, on verdict for plaintiff in case of Michael F. Toner v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Monaghan, J. Verdict and judgment for plaintiff for $8,235.28. Defendant appealed.
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Appeal, No. 151, Jan. T., 1919, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1916, No. 3886, on verdict for plaintiff in case of Michael F. Toner v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Monaghan, J. Verdict and judgment for plaintiff for $8,235.28. Defendant appealed. Errors assigned were in refusing binding instructions for defendant, and refusal of motion of defendant for judgment n. o. v. There was no sufficient justification for the risk plaintiff assumed: Corbin v. Philadelphia, 195 Pa. 461; Almento v.…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Defendant appeals from a judgment entered on the verdict of a jury in a negligence case. It assigns as errors only the refusal of its point for binding instructions, and the dismissal of its motion for judgment non obstante veredicto. The single question for us is, therefore: Was there sufficient evidence to carry the case to the jury, assuming all the facts and inferences favorable to the plaintiff are decided in his favor, and all those antagonistic to him rejected? Tested in this way, the facts are as follows:
Defendant has freight tracks laid on Washington…
2Cases cited4 opinions
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- O'Leary v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1915
- North Pennsylvania Railroad v. MahoneySupreme Court of Pennsylvania · 1868
- Dougherty v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
3Cited by16 opinions
- Anstine v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1941
- Heller v. Consolidated Rail Corp.District Court, E.D. Pennsylvania · 1982
- Gawronski v. McAdooSupreme Court of Pennsylvania · 1920
- Johns v. Baltimore & Ohio Railroad CompanyDistrict Court, W.D. Pennsylvania · 1956
- Valente v. LindnerSupreme Court of Pennsylvania · 1940
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