Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway
Supreme Court of Pennsylvania
Appeal, No. 37, Oct. T., 1893, by defendant, from judgment of C. P. Washington Co., Feb. T., 1892, No. 479, on verdict for plaintiff, J. W. Ely. Trespass for personal injuries. Before McIlvaine, P. J. At the trial it appeared that, on Jan. 15, 1892, .at about 6 o’clock P. m., plaintiff, who was a physician, was injured at the grade crossing of defendant’s railroad, known as Morgan’s crossing about two miles north of Washington.
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Appeal, No. 37, Oct. T., 1893, by defendant, from judgment of C. P. Washington Co., Feb. T., 1892, No. 479, on verdict for plaintiff, J. W. Ely. Trespass for personal injuries. Before McIlvaine, P. J. At the trial it appeared that, on Jan. 15, 1892, .at about 6 o’clock P. m., plaintiff, who was a physician, was injured at the grade crossing of defendant’s railroad, known as Morgan’s crossing about two miles north of Washington. Plaintiff was driving in a buggy, the top of which was up and the side curtains fastened down. Evidence for defendant tended to show that defendant’s track was visible…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The cases arising from that prolific source of danger and accident, the grade crossing of railroads, are unfortunately numerous, and the lines of legal responsibility for the negligence of defendants or the contributory negligence of plaintiffs, have consequently been drawn sharply, and with fine, though well settled distinctions. The cases beginning with R. R. Co. v. Heileman, 49 Pa. 60, and R. R. Co. v. Beale, 73 Pa. 504, have established not only the rule that the traveler about to cross a railroad track must stop, look, and listen, as an absolute and…
2Cases cited13 opinions
- Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Mudano v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
- Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
- Downs v. Longfellow CorporationSupreme Court of Oklahoma · 1960
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
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