Wingert v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 69 and 70, Jan. T., 1918, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1917, Nos. 153 and 154, in cases of Daniel H. Wingert v. Philadelphia and Reading Railway Company. Trespass for personal injuries to plaintiff and damage to plaintiff’s automobile. Before Sadler, P. J. The facts appear by the opinion of the Supreme Court. Yerdict for plaintiff for $4,200 and judgment thereon. Defendant appealed.
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Appeals, Nos. 69 and 70, Jan. T., 1918, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1917, Nos. 153 and 154, in cases of Daniel H. Wingert v. Philadelphia and Reading Railway Company. Trespass for personal injuries to plaintiff and damage to plaintiff’s automobile. Before Sadler, P. J. The facts appear by the opinion of the Supreme Court. Yerdict for plaintiff for $4,200 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment non obstante veredicto-.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This action is to recover damages for injuries sustained by plaintiff as the result of a collision between his automobile and defendant’s train at a grade crossing. In the court below one of the questions in dispute was whether or not the crossing was private, or a permissive public one. This question, however, the jury found in favor of plaintiff and we find no complaint here as to the propriety of the action of the court in submitting it tot them. The negligence oí defendant and contributory negligence of plaintiff were also submitted to the jury. A verdict…
2Cases cited8 opinions
- Longenecker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Witmer v. Bessemer & Lake Erie R. R.Supreme Court of Pennsylvania · 1913
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Marfilues v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ferrell v. SolskiSupreme Court of Pennsylvania · 1924
- Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
- Bloom v. BaileySupreme Court of Pennsylvania · 1928
- McCaulif v. GriffithSuperior Court of Pennsylvania · 1933
- Fitzpatrick v. Pralon Cleaners & DyersSuperior Court of Pennsylvania · 1937
3 more not listed; retrieve them via the Exa API.