Mulherrin v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1875, No. 64. This was an action on the case, brought June 25th 1872, by Patrick Mulherrin against the Delaware, Lackawanna and Western Railroad Company. The action was to recover damages for injuries sustained by the plaintiff in consequence of having been struck by an engine of the defendants, whilst he was walking on the track of the Lackawanna and Bloomsburg Railroad.
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Error to the Court of Common Pleas of Luzerne county: Of January Term 1875, No. 64. This was an action on the case, brought June 25th 1872, by Patrick Mulherrin against the Delaware, Lackawanna and Western Railroad Company. The action was to recover damages for injuries sustained by the plaintiff in consequence of having been struck by an engine of the defendants, whilst he was walking on the track of the Lackawanna and Bloomsburg Railroad. The railroads of the two companies intersected at a point near Scranton. By an agreement between the two companies, datéd April 28th 1863, the defendants…
1Opinion of the CourtJustice Paxson
This was an action of trespass on the ease for injuries resulting from alleged negligence on the part of the employees of the railroad company in moving their cars. The undisputed facts of the case are substantially as follows: The injury was caused by the train of the Delaware, Lackawanna and Western Railroad Company. The track was owned by the Lackawanna and Bloomsburg Railroad Company. The former company had the right of track-age over the road by virtue of an agreement between the two companies.; and the train of the Delaware, Lackawanna and Western Railroad Company was lawfully upon the…
2Cited by18 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Cover v. Hershey Transit Co.Supreme Court of Pennsylvania · 1927
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Pond v. Jantzen Knitting MillsOregon Supreme Court · 1948
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
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