Bricker v. Phil. & R. R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 223 January Term 1889, Sup. Ct.; court below, No. 721 June Term 1887, C. P. On June 17, 1887, Elizabeth S. Bricker, widow of Jacob L. Brieker, suing for herself and her children, brought trespass against Stephen A. Caldwell and George deB.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 223 January Term 1889, Sup. Ct.; court below, No. 721 June Term 1887, C. P. On June 17, 1887, Elizabeth S. Bricker, widow of Jacob L. Brieker, suing for herself and her children, brought trespass against Stephen A. Caldwell and George deB. Keim, receivers of the Philadelphia and Reading Railroad Company, to recover damages for the death of her husband caused by the alleged negligence of the defendant company. Issue. At the trial on February 8,1888, the plaintiff produced testimony to establish the following…
1Opinion of the Court
Opinion,
Me. Justice McCollum:
There is no evidence in this case which warrants an inference that the defendant company accepted Bricker as a pas*4seager on its train from Port Clinton to Tamaqaa. He entered a car which he knew was not provided for the transportation of passengers. He was on the train without the knowledge or consent of the company, .and in a place where its employees in the discharge of their ordinary duties would not discover him. It was a place devoted exclusively to the railway mail service, and in charge of one of its employees. He was confronted by an order of the…
2Cases cited1 opinion
- Pennsylvania Railroad v. PriceSupreme Court of Pennsylvania · 1881
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- Gross v. KubelSupreme Court of Pennsylvania · 1934
- Marks v. Home Fire & Marine Ins.Court of Appeals for the D.C. Circuit · 1923
- Chicago, St. P., M. & O. Ry. Co. v. MyersCourt of Appeals for the Eighth Circuit · 1897
- Farley v. Cincinnati, H. & D. R. Co.Court of Appeals for the Sixth Circuit · 1901
- Stalcup v. Louisville, New Albany & Chicago Railway Co.Indiana Court of Appeals · 1897
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