Peplinski v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 71, Jan. T., 1902, by defendant, from judgment of C. P. Erie Co., Feb. T., 1901, No. 42, on verdict for plaintiff in ease of August Peplinsld v. Pennsylvania Railroad Company, Lessees of the Philadelphia & Erie Railroad. Trespass to recover damages for personal injuries. Before Thomas, P. J., specially presiding.
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Appeal, No. 71, Jan. T., 1902, by defendant, from judgment of C. P. Erie Co., Feb. T., 1901, No. 42, on verdict for plaintiff in ease of August Peplinsld v. Pennsylvania Railroad Company, Lessees of the Philadelphia & Erie Railroad. Trespass to recover damages for personal injuries. Before Thomas, P. J., specially presiding. Defendant presented these points: 1. Under the act of April 4, 1868, that when a person sustains personal injuries while lawfully engaged or employed on or about the roads, works, depots and premises of a railroad company, or in or about any train or cars thereon, of…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff, Peplinski, was an employee of W. L. Scott & Company large coal dealers at Erie, Pennsylvania. On June 19, 1901, he was on top of a car of coal then standing on the railroad trestle about to be unloaded, when it was struck or bumped by other cars of defendant, .pushed or shunted by its locomotive; the effect was to tumble plaintiff off the car into the coal chute below and very seriously injure him. He brought suit against the defendant for damages, averring negligence in pushing the cars without warning against the one he was on and thereby causing…
2Cases cited2 opinions
- Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
- Weaver v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
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