Legal Opinion

Milligan v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided May 6, 1918No. Appeal, No. 364PublishedCited by 7 opinions

Appeal, No. 364, Jam T., 1917, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1915, No. 1227, on verdict for plaintiff in case of John M. Milligan v. Philadelphia & Reading Railway Company. Trespass for personal injuries. Before Ferguson, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $9,940 and judgment thereon. Defendant appealed.

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Appeal, No. 364, Jam T., 1917, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1915, No. 1227, on verdict for plaintiff in case of John M. Milligan v. Philadelphia & Reading Railway Company. Trespass for personal injuries. Before Ferguson, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $9,940 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an action of trespass to recover for personal injuries sustained in a grade crossing accident. The Chester branch of defendant’s railway extends southerly through Philadelphia and crosses the Island Road at grade near Seventy-ninth street. It is a diagonal crossing as the road leads northwesterly. The Bell Road station building is on the southwest corner of the crossing; and the Bell Road Inn is on the north side of the Island Road about 260 feet east of the railway. • West of the inn is a coal yard surrounded by a high board fence that extends westerly…

2Cases cited7 opinions

  1. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
  2. Rottmund v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
  3. Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
  4. Howard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1908
  5. Shaffer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
  2. Baxter v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
  3. Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
  4. Ehrhart v. York Rys. Co.Supreme Court of Pennsylvania · 1932
  5. Smith v. FlannerySupreme Court of Pennsylvania · 1956

2 more not listed; retrieve them via the Exa API.

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