E. Bradford Clarke Co. v. Railroad Co.
Superior Court of Pennsylvania
Appeal, No. 196, Oct. T., 1904, by plaintiff, from order of C. P. Delaware Co., March T., 1903, No. 32, refusing to take off nonsuit in case of E. Bradford Clarke Co., Limited, v. Baltimore & Ohio Railroad Company. Trespass to recover damages for the destruction of a team and wagon. The circumstances of the accident are stated in the opinion of the Superior Court. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Henderson, J.,
No opinion was filed by the learned judge of the court below, and we are, therefore, not definitely advised as to his reasons for granting a compulsory nonsuit. Presumably it was because the plaintiff’s evidence failed to establish negligence on the part of the defendant, or disclosed the plaintiff’s contributory negligence.
About six o’clock in the evening of December 15, 1902, a servant of the plaintiff in charge of a team and wagon, was driving along a public highway which crossed the defendant’s track at grade between Moores and Morton. A train coming from…
2Cases cited6 opinions
- Hughes v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1883
- Longenecker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Pennsylvania Railroad v. WeberSupreme Court of Pennsylvania · 1875
- Haverstick v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Fulton v. Central BankSupreme Court of Pennsylvania · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tolomeo v. Harmony Short Line Motor Transportation Co.Supreme Court of Pennsylvania · 1944
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Keystone Brewing Co. v. VarzalySuperior Court of Pennsylvania · 1909
- Downing v. Harleysville InsuranceSuperior Court of Pennsylvania · 1992