Legal Opinion

McGuigan v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided May 10, 1909No. Appeal, No. 3PublishedCited by 4 opinions

Appeal, No. 3, Jan. T., 1909, by-plaintiffs, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1906, No. 3,199, on verdict for defendant in case of Roland McGuigan v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before WlLTBANK, J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The plaintiff was injured in a collision between a street car in which he was a passenger and a train of oil tank cars which was running backwards at a street crossing of the defendant’s road. The street car was stopped five feet from the safety gates, which were up, and the conductor went forward on the crossing. When he reached the railroad tracks, the defendant’s watchman, who was stationed in a tower from which he operated the gates, signaled to him to go ahead and he in turn signaled to the motorman to cross. When the car reached the middle of the crossing, the…

2Cited by4 opinions

  1. Hoffman v. Pittsburgh & Lake Erie R. RSupreme Court of Pennsylvania · 1923
  2. Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
  3. Gerg v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
  4. Mayer v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1943

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