Arnold v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1886, No. 285. Case by Charles M. Arnold against the Pennsylvania Railroad Company to recover damages from the defendant for injuries alleged to have been sustained by him by reason of the agents of the defendant unlawfully and negligently ejecting him from one of their passenger trains ill which he was a passenger. Plea, not guilty.
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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1886, No. 285. Case by Charles M. Arnold against the Pennsylvania Railroad Company to recover damages from the defendant for injuries alleged to have been sustained by him by reason of the agents of the defendant unlawfully and negligently ejecting him from one of their passenger trains ill which he was a passenger. Plea, not guilty. The following are the facts of the case as they appeared on the trial before Peirce, J. On the morning of April 6th, 1883, the plaintiff went to the Broad street station at…
1Opinion of the CourtJustice Gordon
Two well established principles, governing cases like that in hand, seem to have been overlooked or disregarded by the court below in the disposition of the present contention. The one is that, as a general rule, questions of negligence are for the jury, and cannot be determined by the court. This rule *139with its exception is well stated in the case of McCully v. Clarke & Thaw, 40 Pa., 399, wherein it is said, by Mr. Justice Strong.: “ When a duty is defined a failure to perform it is of course negligence, and may be so declared by the court; but' when the measure of duty is not unvarying, when…
2Cases cited3 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- McCully v. Clarke & ThawSupreme Court of Pennsylvania · 1861
- Pennsylvania Co. v. ToomeySupreme Court of Pennsylvania · 1879
3Cited by10 opinions
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1901
- Illinois Central Railroad v. HarperMississippi Supreme Court · 1903
- Houston & Texas Central Railway Co. v. GrigsbyCourt of Appeals of Texas · 1896
- Johnson v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1913
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