Kay v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Lycoming county: No. 345, to January Term 1870. This was an action on tbe case by Lizzie Kay, by ber next friend Allen Kay, against The Pennsylvania Railroad Company.
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Error to tbe Court of Common Pleas of Lycoming county: No. 345, to January Term 1870. This was an action on tbe case by Lizzie Kay, by ber next friend Allen Kay, against The Pennsylvania Railroad Company. The writ was issued October 15th 1866: the cause of action was the negligence of the defendants’ servants, by which one of their cars ran over and crushed the arms of the plantiff, a child of 19 months old, so as to require amputation; the injury occurred on the 3d of July 1864. The facts of the case, so far as is necessary for the understanding of the questions decided, are found in the…
1Opinion of the Court
The opinion of the Court was delivered, May 5th 1870, by
Asnew, J.
In giving judgment for the defendants non obstante veredicto, the learned judge took the question of negligence away from the jury. He did this by deciding that the railroad company was in the lawful use of its track, and that the plaintiff was a trespasser. This left out of view two aspects of the case to be found in the evidence — the public use of the ground permitted by the company, andj the manner of the accident. The ground was a large open lot traversed by railroad sidings and a canal basin. It. was leased by the…
2Cases cited1 opinion
- Birge v. GardinerSupreme Court of Connecticut · 1849
3Cited by74 opinions
- Gibson v. CommonwealthSupreme Court of Pennsylvania · 1980
- Ieropoli v. AC&S CORP.Supreme Court of Pennsylvania · 2004
- Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Konidaris v. Portnoff Law Associates, Ltd.Supreme Court of Pennsylvania · 2008
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
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