Hanlon v. Philadelphia & West Chester Turnpike Road Co.
Supreme Court of Pennsylvania
Appeal, No. 44, Jan. T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1896, No. 354, on verdict for plaintiff. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: „ 1. That the burden of proof is on the plaintiff to prove that the defendant company was operating the railroad at the time of the accident.
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Appeal, No. 44, Jan. T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1896, No. 354, on verdict for plaintiff. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: „ 1. That the burden of proof is on the plaintiff to prove that the defendant company was operating the railroad at the time of the accident. Answer: On that point I charge you that under 'the pleadings in this case the evidence is sufficient to show that the turnpike company was operating the railroad at…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff, Alexander Hanlon, was sitting on top of a load of hay, which he was bringing into Philadelphia. His son was on a seat attached to the front of the wagon, driving the two horses. They had turned in from Cooperstown road to the Philadelphia and West Chester turnpike road. Upon this road there was a passenger railway operated by means of steam dummies, consisting of a cpmbined steam engine and passenger car, the engine being at one end and the car with the usual projecting platform at the other. The track was laid on the south side, leaving a space of at…
2Cases cited4 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Van Steuben v. Central R. R.Supreme Court of Pennsylvania · 1896
3Cited by5 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Pinkerton v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1899
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Effinger v. Fort Wayne & Wabash Valley Traction Co.Indiana Supreme Court · 1911
- Smith v. Holmesburg, Tacony & Frankford Electric Railway Co.Supreme Court of Pennsylvania · 1898