Mankewicz v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 370, Jan. T., 1905, by-plaintiff, from order of C. P. Schuylkill Co., May T., 1900, No. 204, refusing to take off nonsuit in case of William Mankewicz v. Lehigh Valley Railroad Company. Trespass to recover damages for personal- injuries. Before Shay, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff was injured at a grade crossing of the defendant’s road where there were four tracks in the borough of Shenandoah. He was familiar with the crossing, knew that the watchman was not at that time on duty, and that a train was about due. He was driving two horses to a sleigh in which a number of persons were riding, and when he reached the crossing freight cars were standing on the track nearest him, on either side of the street. He stopped close to this track and looked and listened. He was unable to see an approaching train because of the freight cars…
2Cases cited3 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Linden Steel Co. v. Rough Run Mfg. Co.Supreme Court of Pennsylvania · 1893
3Cited by19 opinions
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Calhoun v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
- Craig v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Follmer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
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