Newton v. Pittsburg & Lake Erie Railroad
Superior Court of Pennsylvania
Appeal, No. 122, April T., 1901, by defendant, from judgment of C. P. Lawrence Co., Dec. T., 1897, No. 33, on verdict for plaintiff, in case of Thomas J. Newton v. Pittsburg & Lake Erie Railroad Company. Trespass to recover damages for injury to plaintiff’s horse and wagon. Before Wallace, P. J. The facts are fully stated in the opinion of the Superior Court. The court submitted the ease to the jury. Verdict and judgment for plaintiff for $245.33. Defendant appealed.
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Appeal, No. 122, April T., 1901, by defendant, from judgment of C. P. Lawrence Co., Dec. T., 1897, No. 33, on verdict for plaintiff, in case of Thomas J. Newton v. Pittsburg & Lake Erie Railroad Company. Trespass to recover damages for injury to plaintiff’s horse and wagon. Before Wallace, P. J. The facts are fully stated in the opinion of the Superior Court. The court submitted the ease to the jury. Verdict and judgment for plaintiff for $245.33. Defendant appealed. Error assigned among others was in submitting the case to the WJ-
1Opinion of the Court
Opinion by
William W. Pouter, J.,
The plaintiff’s team, consisting of two horses and an open wagon, was, on September 4, 1895, in charge of the plaintiff’s brother, who was standing on the front of the wagon driving northward on Sixth street, in the borough of Ellwood, toward a grade crossing over the tracks of the B eaver and Ellwood and Ell-wood Short Line Railroads. There were in all eleven tracks. Some of these were main tracks and some sidings. Upon them were run not only cars propelled by steam but also cars run by electricity. The driver of the wagon was familiar with the locality. On…
2Cases cited8 opinions
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Lake Shore & M. S. Ry. Co. v. FrantzSupreme Court of Pennsylvania · 1889
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Moore v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1885
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3Cited by1 opinion
- Worthington v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1903