Legal Opinion

Schmidt v. Pennsylvania R. R.

Court of Appeals for the Third Circuit

Decided August 19, 1910PublishedCited by 2 opinions

In Error to the Circuit Court of the United States for the District of New Jersey. Action by one Schmidt against the Pennsylvania Railroad. From a judgment for defendant, plaintiff brings error.

1Opinion of the Court

ARCHBALD, District Judge.

The plaintiff, a boy some eight and a half years old, was injured while crossing the tracks of the defendant company between the cars of a parted freight train, at a point intermediate between certain streets in the city of Newark. The place where the accident occurred was the center of a city block or square, across which the defendant company has two tracks, running north and! south, and extending to a freight yard a short distance beyond. The land on the east side of the tracks, within the square, is entirely vacant, and nearly so on the west side; and on the east…

2Cases cited9 opinions

  1. Phillips v. Library Co.Supreme Court of New Jersey · 1893
  2. Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
  3. Taylor v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1886
  4. Garner v. TrumbullCourt of Appeals for the Eighth Circuit · 1899
  5. Furey v. New York Central & Hudson River RailroadSupreme Court of New Jersey · 1902

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3Cited by2 opinions

  1. Papich v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918
  2. Pennsylvania R. v. LacknerCourt of Appeals for the Third Circuit · 1917

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