O'Toole v. Pittsburgh & Lake Erie R. R.
Supreme Court of Pennsylvania
Appeal, No. 129, Oct. T., 1893, by plaintiff, Michael O’Toole, from judgment of C. P. Lawrence Co., Sept. T., 1892, No. 19, on verdict for defendant. Trespass for personal injuries. Before Martin, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 129, Oct. T., 1893, by plaintiff, Michael O’Toole, from judgment of C. P. Lawrence Co., Sept. T., 1892, No. 19, on verdict for defendant. Trespass for personal injuries. Before Martin, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: “ Did Michael O’Toole contribute in any way to the injury that he received that morning? Being upon the car of the street railway company he would not be required to exercise the care that the law lays down as the rule with a person going along a highway coming to a railroad crossing, — he must stop and…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The defendant operates a steam railroad running through the borough of Newcastle. Its road crosses at grade South' Mill street diagonally. The New Castle Electric Street Railway has its rails longitudinally on the same street; hence the two tracks cross each other at grade on this street. There are guard gates at the crossing, under the control of the defendant, to be raised or lowered on the approach of a locomotive to the crossing. On the 14th of March, 1891, the plaintiff, a shoemaker by trade, a cripple from birth in both feet, took a seat in the *104street car to…
2Cases cited1 opinion
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
3Cited by7 opinions
- Howe v. Minneapolis, Saint Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
- Bernhardt v. City & S. Ry. Co.Court of Appeals for the D.C. Circuit · 1920
- McKellar v. Yellow Cab Co.Supreme Court of Minnesota · 1921
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Parker v. Des Moines City Railway Co.Supreme Court of Iowa · 1911
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