Phil. & Read. R. v. Hughes
Supreme Court of Pennsylvania
EUROS. TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 390 January Term 1886, Sup. Ct.; court below, No. 182 December Term 1872, C. P. On September 28, 1872, Jeremiah A. Hughes brought an action in case against the Philadelphia and Reading Railroad Company, to recover damages for personal injuries received.
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EUROS. TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 390 January Term 1886, Sup. Ct.; court below, No. 182 December Term 1872, C. P. On September 28, 1872, Jeremiah A. Hughes brought an action in case against the Philadelphia and Reading Railroad Company, to recover damages for personal injuries received. The declaration, filed on June 8,1885, averred that on September 29,1871, the plaintiff was a brakeman in the employ of the defendant company operating the Mine Hill Branch railroad; that while engaged in the discharge of his duty upon a coal train of defendant company, “ by reason…
1Opinion of the Court
*312Opinion,
Mr. Justice Clark:
The plaintiff, Jeremiah A. Hughes, was, at the time he received the injury complained of, on September 29, 1871, a brakeman in the employ of the Philadelphia & Reading Railroad Company, and in the performance of his duty as such employee. There was therefore, in the mere fact of the injury, no presumption of negligence on the part of the company, as in the case of a passenger; the burden of proving negligence rested upon the plaintiff.
It was the duty of the company to exercise ordinary care in adopting, providing and maintaining safe cars, with suitable appliances…
2Cases cited1 opinion
- Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886
3Cited by18 opinions
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
- Maternia v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1947
- Wojciechowski v. Spreckels' Sugar Refining Co.Supreme Court of Pennsylvania · 1896
- Mensch. v. Pa. R. R.Supreme Court of Pennsylvania · 1892
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