Rottmund v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 66, Jan. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1906, No. 74, on verdict for plaintiff in case of John Rottmund v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Landis, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $7,000, upon which judgment was entered for $5,000, all above that amount having been remitted. Defendant appealed.
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Appeal, No. 66, Jan. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1906, No. 74, on verdict for plaintiff in case of John Rottmund v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Landis, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $7,000, upon which judgment was entered for $5,000, all above that amount having been remitted. Defendant appealed. Errors assigned among others were (3) in refusing binding instructions for defendant; (4) in permitting the jury to…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This action was brought to recover damages for injuries to the plaintiff received at a grade crossing in the city of Lancaster. After a careful examination of the evidence, we are satisfied that it was sufficient to justify the learned judge in submitting the negligence of the defendant and the contributory negligence of the plaintiff to the jury. The plaintiff’s testimony tended to show that the train which collided with the wagon was running at the rate of thirty-five or forty miles an hour, and that no notice of its approach to the crossing was given by…
2Cases cited5 opinions
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
- Commonwealth v. BreyesseeSupreme Court of Pennsylvania · 1894
- Malone v. StateSupreme Court of Georgia · 1872
- Scott v. ScottSupreme Court of Pennsylvania · 1885
- Com. v. SchmousSupreme Court of Pennsylvania · 1894
3Cited by22 opinions
- Harrison v. Paramount Pictures, Inc.District Court, E.D. Pennsylvania · 1953
- Kindt v. Reading Co.Supreme Court of Pennsylvania · 1945
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1948
- Eastley v. GlennSupreme Court of Pennsylvania · 1933
- Commonwealth v. GROSSOSuperior Court of Pennsylvania · 1960
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