Wachsmith v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 92, Oct. T., 1911, by plaintiff, from judgment of C. P. Butler Co., March Term, 1910, No. 11, refusing to take off nonsuit in case of Edward Wachsmith v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries.
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Appeal, No. 92, Oct. T., 1911, by plaintiff, from judgment of C. P. Butler Co., March Term, 1910, No. 11, refusing to take off nonsuit in case of Edward Wachsmith v. Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before Galbreath, P. J. On October 28, 1910, the.plaintiff and A. E. Yaehnig were seated in the back seat of an automobile with Edward Yaehnig, a lunatic under their charge, seated between them, when the automobile was struck by an engine of the defendant company. The court entered a judgment of nonsuit which it subsequently refused to take off.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The owner and operator of an automobile was engaged to take a lunatic to an asylum. The plaintiff and another attendant, who were in charge of the lunatic, were seated with him on the back seat. They entered the borough of Butler on a street that crossed the defendant’s road at grade. The buildings on either side of the street shut off any view of the railroad until a point eighteen or twenty feet from the tracks was reached, from which there was an unobstructed view for several hundred feet. The driver, when twenty-five or thirty feet from the track,…
2Cases cited2 opinions
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
- Walsh v. Altoona & Logan Valley Electric Railway Co.Supreme Court of Pennsylvania · 1911
3Cited by19 opinions
- Alperdt Et Ux. v. PaigeSupreme Court of Pennsylvania · 1927
- Kilpatrick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Virginia Railway & Power Co. v. GorsuchSupreme Court of Virginia · 1917
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Hurt v. Yazoo & M. V. R.Tennessee Supreme Court · 1918
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