Sullivan v. Baltimore & Ohio R. R.
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1917, No. 188, on verdict for plaintiff, in case of Ralph Sullivan v. Baltimore & Ohio Railroad Co. Trespass for personal injuries. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $18,000, on which judgment was entered for $12,000. Defendant appealed.
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Appeal, No. 105, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1917, No. 188, on verdict for plaintiff, in case of Ralph Sullivan v. Baltimore & Ohio Railroad Co. Trespass for personal injuries. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $18,000, on which judgment was entered for $12,000. Defendant appealed. Errors assigned, among others, were (2) refusal of judgment for defendant n. o. v.; (3) entry of judgment for $12,000 and (6) refusal of new trial, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The plaintiff was employed by defendant company as a brakeman in its railroad yards on the night of November 23, 1915, and claimed to have then suffered an injury. As was his duty, he stood on the top of a freight car for the purpose of signaling the engineer. Having performed this service, he attempted to descend to the *432ground by means of a ladder provided for that purpose. It appeared by Ms testimony that one of the rungs broke or pulled from its socket, causing him to be thrown and hurt. Sullivan claimed he was employed in interstate commerce, and an action was…
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