Simmons v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 229, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1899, No. 467, on verdict for defendant in case of Jacob J. Simmons v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Beitler, J. At the trial it appeared that on October 14, 1897, plaintiff while driving a one-horse wagon approached a grade crossing of defendant’s road.
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Appeal, No. 229, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1899, No. 467, on verdict for defendant in case of Jacob J. Simmons v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Beitler, J. At the trial it appeared that on October 14, 1897, plaintiff while driving a one-horse wagon approached a grade crossing of defendant’s road. As lie approached the crossing the safety gates were lowered, and according to plaintiff’s" testimony were kept down for a period of time longer than that permitted by the city ordinance.…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
There is no substantial reason for complaint in the portions of the charge assigned for error in the first and second specifications, when they are considered in the connection in which they were delivered. The learned trial judge first commented on the testimony offered upon the part of the plaintiff, and after-wards upon that offered upon the part of the defendant. An examination of the charge, shows that the rather sweeping terms used in referring to the persons testifying, were fairly limited to the evidence for the defendant, by the classification employed.…
2Cases cited4 opinions
- Guinney v. HandSupreme Court of Pennsylvania · 1893
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Schimpf v. HarrisSupreme Court of Pennsylvania · 1898
- Scattergood v. KirkSupreme Court of Pennsylvania · 1900
3Cited by16 opinions
- Griffin v. RussellSupreme Court of Georgia · 1915
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
- Orr v. William J. Burns International Detective AgencySupreme Court of Pennsylvania · 1940
- Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913
- Exner v. GangewereSupreme Court of Pennsylvania · 1959
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