Calhoun v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 129, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 527, on verdict for plaintiff in case of Johnston R. Calhoun v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Patton, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for 15,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Per Curiam,
The plaintiff was injured at a grade crossing of the defendant’s road in East Braddock, where there were five tracks, on four of which rapidly moving trains ran frequently. He was riding on a long lumber wagon and was seated twenty feet back of his horses’ heads near the hind axle, a position from which he could reach the brake. He stopped when his horses were twenty feet from the tracks and he was about forty feet from them, and waited until a train had passed west 300 feet. This was the usual place where drivers stopped, but from it he could see only about 300 feet either way.…
2Cases cited3 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Mankewicz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1906
3Cited by10 opinions
- Guilinger v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1931
- Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
- Shaffer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Knepp v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1918
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