Legal Opinion

Delaney v. Buffalo, Rochester & Pittsburgh Railway Co.

Supreme Court of Pennsylvania

Decided January 5, 1920No. Appeal, No. 57PublishedCited by 6 opinions

Appeal, No. 57, Oct. T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1917, No. 1881, for defendant n. o. v. in case of Eva Delaney v. Buffalo, Rochester & Pittsburgh Railway Company. Trespass for personal injuries. Before Shafer, P. J. At the trial the jury returned a verdict for plaintiff for $2,000. Subsequently the court entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned, was in entering judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This appeal is by plaintiff from an order entering judgment for defendant n. o. v., in an action for personal injuries to a passenger. On May 5, 1917, plaintiff, Eva Delaney, accompanied by a girl friend, took passage at Pittsburgh to go to Du Bois on defendant’s train known as the Buffalo flyer. As it approached Vallier’s curve, near Punxsutawney, plaintiff was just resuming her seat in the observation car, when a sudden lurch caused her to fall upon her knees in the aisle and to strike her head and shoulders against the revolving chairs on the opposite side of…

2Cases cited19 opinions

  1. Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
  2. Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
  3. Sanson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
  4. Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
  5. Tilton v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1911

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3Cited by6 opinions

  1. Sierocinski v. E. I. Du Pont De Nemours & Co.Court of Appeals for the Third Circuit · 1941
  2. Gilbert v. Korvette's, Inc.Superior Court of Pennsylvania · 1972
  3. Wood v. P.R.R. Co.Superior Court of Pennsylvania · 1933
  4. Morrisey v. Union Pacific Railroad Co.Utah Supreme Court · 1926
  5. Hildebrand v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1937

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

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