Weller v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 41, Jan. T., 1909, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1904, No. 486, on verdict for plaintiff in case of Morgan Weller v. Lehigh Valley Railroad Company. Trespass to recover -damages for personal injuries. Before Fuller, J. The facts are stated in the opinion of the Supreme Court. A^erdict and judgment for plaintiff for $5,000. Defendant appealed. Error assigned was in submitting the case to the jury.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The single question raised by this appeal is whether the facts established at the trial show such a failure of duty on the part of appellant as to make it liable in damages on the ground of negligence. An engine belonging to defendant was left standing at a grade crossing in the city of Wilkes-Barre so to as cover the entire sidewalk and to extend out into the street several feet. How long the engine had stood there is *112not definitely fixed, because the offer to prove this fact was refused on the ground that it was immaterial. The exclusion of this testimony has not…
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- Wickkiser v. Lehigh & Hudson River Railway Co., Pennsylvania Court of Common Pleas, Philadelphia County1924