Truschine v. Fayette Mfg. Co.
Superior Court of Pennsylvania
Appeal, No. 214, Oct. T., 1915, by plaintiff, from judgment of C. P. Delaware Co., Dec. T., 1913, No. 38, for defendant n. o. v. in case of Frank Truschine v. Fayette Manufacturing Company. Trespass to recover damages for personal injuries.
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Appeal, No. 214, Oct. T., 1915, by plaintiff, from judgment of C. P. Delaware Co., Dec. T., 1913, No. 38, for defendant n. o. v. in case of Frank Truschine v. Fayette Manufacturing Company. Trespass to recover damages for personal injuries. Before Broomall, J. At the trial the jury returned a verdict for plaintiff for $400. - On a motion for judgment n. o. v. Broomall, .J., filed an opinion which was in part as follows: Adjoining the- premises of the defendant’s plant on the south is the right of way of the Chester & Delaware River Railroad Company. Along the track of the railroad company on…
1Opinion of the Court
Opinion by
Kepi-iart, J.,
It was most essential for the plaintiff’s case that some negligent act of the defendant, which caused his injury, be established. He cannot recover for the mere happening of an accident and whatever rules of law may be invoked governing the conduct or duty of persons under given conditions of'fact the person wishing to be benefited by the enforcement of such rules must bring himself within the conditions to which the rules apply: Huey v. Gahlenbeck, 121 Pa. 238, and Stearns v. Ontario Spinning Co., 184 Pa. 519. The plaintiff was using a permissive pathway which ran…
2Cases cited11 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Stearns v. Ontario Spinning Co.Supreme Court of Pennsylvania · 1898
- Dickson v. HollisterSupreme Court of Pennsylvania · 1889
- Kibele v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
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3Cited by2 opinions
- Coleman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1930
- Siger v. PittsburghSuperior Court of Pennsylvania · 1944