Collins v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 218, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2655, refusing to take off nonsuit in case of John Collins v. Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Caer, J. The opinion of the Supreme Court states the facts. The lower court entered a nonsuit which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 218, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2655, refusing to take off nonsuit in case of John Collins v. Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Caer, J. The opinion of the Supreme Court states the facts. The lower court entered a nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
John Collins, tbe plaintiff, had his right ankle fractured while employed by the defendant company as a freight handler at one of its yards in Philadelphia. At the time, April 25, 1909, at about 2 o’clock in the afternoon, Collins and another man named Vesey, were working on a platform from which freight was loaded into the defendant’s cars. The plaintiff’s evidence showed that there was a hole in the floor of this platform about four or five inches in width and eight to ten inches long, which had existed there for at least two weeks prior to the accident;…
2Cited by3 opinions
- Kunkel v. Allentown Portland Cement Co.Supreme Court of Pennsylvania · 1915
- Collins v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1916
- Feussner v. Wilkes-Barre & Hazleton Railway Co.Supreme Court of Pennsylvania · 1917