McCloskey v. Bells Gap R. R.
Supreme Court of Pennsylvania
Appeal, No. 268, Jan. T., 1893, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1888, No. 151, on verdict for plaintiff, Sallie L. McCloskej'-. Trespass for injuries caused by defendant’s negligence.
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Appeal, No. 268, Jan. T., 1893, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1888, No. 151, on verdict for plaintiff, Sallie L. McCloskej'-. Trespass for injuries caused by defendant’s negligence. At the trial, before Krebs, P. J., the plaintiff offered evidence which tended to show that, on Oct. 21, 1886, she received a permanent spinal injury from the negligent manner in which the passenger car in which she was seated was coupled to a train at Coalport station on defendant’s railroad. The court, after charging that there could be no recovery unless the injury was caused by…
1Opinion of the Court
Opinion by
Mr. Ju,stick Mitchell,
The portion of the charge included in the first assignment would be clear error if it stood alone, for it made injury to the plaintiff, and not negligence, the standard of liability. But taken in its place and in connection with the rest of the charge it is quite clear that the mode of expression was a mere inadvertence, and was not meant by the learned judge to give the jury the fact of injury as a test of plaintiff’s right to recover, nor could it have been so understood by them. On the contrary the true guide was given to them repeatedly, before, in…
2Cases cited4 opinions
- Commonwealth v. NicelySupreme Court of Pennsylvania · 1889
- Lake Shore & M. S. Ry. Co. v. FrantzSupreme Court of Pennsylvania · 1889
- Collins v. LeafeySupreme Court of Pennsylvania · 1889
- Philadelphia & Reading Railroad v. AdamsSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- Commonwealth v. WilcoxSuperior Court of Pennsylvania · 1933
- Fitzpatrick v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Raughley v. West Jersey & Seashore RailroadSupreme Court of Pennsylvania · 1902