Legal Opinion

Weaver v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided May 19, 1902No. Appeal, No. 357PublishedCited by 4 opinions

Appeal, No. 357, Jan. T., 1901, by defendant, from judgment of C. P. Montour Co., Jan. T., 1900, No. 21, on verdict for plaintiff in case of Peter Weaver v. Philadelpliia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Little, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $3,000. Defendant appealed.

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Appeal, No. 357, Jan. T., 1901, by defendant, from judgment of C. P. Montour Co., Jan. T., 1900, No. 21, on verdict for plaintiff in case of Peter Weaver v. Philadelpliia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Little, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $3,000. Defendant appealed. Error assigned among others was refusal of defendant’s ninth point quoted in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

On November 23, 1898, Peter Weaver was in the employ, as a laborer, of the Reading Iron Company at Danville, Pennsylvania. On that day while loading a car with iron for the iron company, he was struck by a car of the railroad company and seriously injured. There were two tracks, the one on which stood the car which was being loaded, and another, between that track and the rolling mill; the space between the two sets of tracks was about seven feet; the tracks were on the land of the iron company ; the cars which stood and ran on the tracks belonged to the railroad…

2Cases cited5 opinions

  1. Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
  2. Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
  3. Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
  4. Christman v. Phila. R.Supreme Court of Pennsylvania · 1891
  5. Stone v. Pennsylvania R.Supreme Court of Pennsylvania · 1890

3Cited by4 opinions

  1. Keck v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1903
  2. Peplinski v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
  3. Hayman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
  4. Miller v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1906

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