Lehigh Valley Railroad v. Greiner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county : Of July Term 1885, No. 114. This was an action of trespass on the case brought by Ernestina Greiner, widow, Mary, Carl, John Nelson and Frederick Otto, heirs and legal representatives of John Charles Greiner, deceased, by their mother and next friend, Ernestina Greiner, against the Lehigh Valley Railroad Company to recover damages for the death of the said John Charles Greiner, alleged to have been caused by the…
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Error to the Court of Common Pleas of Luzerne county : Of July Term 1885, No. 114. This was an action of trespass on the case brought by Ernestina Greiner, widow, Mary, Carl, John Nelson and Frederick Otto, heirs and legal representatives of John Charles Greiner, deceased, by their mother and next friend, Ernestina Greiner, against the Lehigh Valley Railroad Company to recover damages for the death of the said John Charles Greiner, alleged to have been caused by the negligence of the defendant. Plea, not guilty. The following facts appeared on the trial, before Rice, P. J.: John Charles…
1Opinion of the CourtJustice Clark
It is a principle of law, well settled in this state, that where a man negligently, and without excuse, places himself in a position of known danger, and thereby suffers an injury at the hands of another, either wholly or partially by means of his own act, he cannot recover damages for the injury sustained. The contributory negligence which prevents recover]’ for an injury, however, must be such as co-operates in causing the injury, and without which the injury would not have happened : Gould v. McKenna, 5 Norris, 302. The true test is found in the affirmative of the question, Did the…
2Cases cited1 opinion
- Railroad Co. v. JonesSupreme Court of the United States · 1877
3Cited by10 opinions
- Kansas City, Memphis & Birmingham Railroad v. WillifordTennessee Supreme Court · 1905
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Hull v. BowersSupreme Court of Pennsylvania · 1922
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Publix Cab Co. v. PhillipsSupreme Court of Colorado · 1936
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