Federal Street & Pleasant Valley Railway Co. v. Gibson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 211. Case by A. J. Gibson against the Federal Street and Pleasant Valley Passenger Railway Company, to recover damages for an injury alleged to have been caused by the negligence of one of defendant’s drivers.
Read the full summary
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 211. Case by A. J. Gibson against the Federal Street and Pleasant Valley Passenger Railway Company, to recover damages for an injury alleged to have been caused by the negligence of one of defendant’s drivers. At the trial it appeared that on the morning of July 8th 1879, plaintiff while riding down Federal street, in the city of Allegheny, in one of the ears of the defendant, was sitting in the car by the open window, his left arm resting on the window ledge, but, whether it projected…
1Opinion of the CourtJustice Mercur
This action was by a passenger to recover damages which he sustained while in a car of a street railway company, in being struck by a passing load of hay. He sat hear an open window,with his arm so exposed that it was struck and injured by the hay on a passing wagon. Thus the proximate cause of injury, at least in part, was caused by the act of a third party, over which the railroad company had no control. If the injury was caused by contributory negligence of the passenger, or by the sole negligence of the driver of the wagon, there should be no recovery against the company. _ The jury has…
2Cited by9 opinions
- Zaltouski v. Scranton Railway Co.Supreme Court of Pennsylvania · 1933
- Blew v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
- Sullivan v. Capital Traction Co.Court of Appeals for the D.C. Circuit · 1910
- Barlick v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1909
- Carmody v. Capital Traction Co.Court of Appeals for the D.C. Circuit · 1915
4 more not listed; retrieve them via the Exa API.