Legal Opinion

Salerno v. Philadelphia & Reading Railway Co.

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 39PublishedCited by 3 opinions

Appeal, No. 39, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1907, No. 2,489, on verdict for plaintiff in case of Vincent Salerno v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Magill, J. The circumstances of the accident are stated in the opinion of the Superior Court.

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Appeal, No. 39, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1907, No. 2,489, on verdict for plaintiff in case of Vincent Salerno v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Magill, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court charged in part as follows: [At the point in question the railroad was crossed by a bridge which bridge carries the traffic of a public street over the railroad. The abutments of the bridge stand on or within the right of way…

1Opinion of the Court

Opinion by

Morrison, J.,

On March 28, 1907, the plaintiff was employed by a city contractor engaged in repairing the abutments of a city bridge at Sixth street and Allegheny avenue, in the city of Philadelphia. The right of way of the defendant runs approximately at right angles under the bridge at that point and the abutments of the bridge are upon the defendant’s right of way. The track nearest the abutment, upon which the plaintiff was working, was, as he testified, sixteen or eighteen feet from the face of the abutment; another witness made this distance about fifteen *246feet. The plaintiff…

2Cases cited5 opinions

  1. Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
  2. Joyce v. BlackSupreme Court of Pennsylvania · 1910
  3. Booth v. DorseySupreme Court of Pennsylvania · 1904
  4. Zeigler v. Simplex Foundation Co.Supreme Court of Pennsylvania · 1910
  5. Patterson Coal & Supply Co. v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1908

3Cited by3 opinions

  1. Wolk v. Pittsburgh Hotels Co.Supreme Court of Pennsylvania · 1925
  2. Zeher v. PittsburghSupreme Court of Pennsylvania · 1924
  3. Livingstone v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1916

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