Mooney v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 64, Jan. T., 1902, by plaintiff, from order of C. P. Luzerne Co., Jan. T., 1894, No. 18, refusing to take off nonsuit in case of Michael Mooney v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries.
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Appeal, No. 64, Jan. T., 1902, by plaintiff, from order of C. P. Luzerne Co., Jan. T., 1894, No. 18, refusing to take off nonsuit in case of Michael Mooney v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Halsey, J. At the trial it appeared that on February 24, 1898, between ten and eleven o’clock at nigbt, plaintiff, about forty years of age, fell from a toll bridge, maintained by the defendant, over the Susquehanna river at Nanticoke. Plaintiff claimed that he stumbled over some obstruction and fell through the guard rails down to and on the ice a…
1Opinion of the Court
Per Curiam,
Unless we hold that the defendant company is responsible for the effect on the plaintiff of the “York State cider” and Nanticoke gin consumed by him on the day of the accident, we must sustain this nonsuit. They, and not the negligence of the defendant, were the cause of his injuries. There was no evidence whatever that the bridge was defectively constructed as alleged by the plaintiff, nor that his injuries were occasioned by the negligence of the defendant company. The nonsuit was properly entered by the court below and, therefore, the judgment is affirmed.
2Cited by4 opinions
- Glancy v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1914
- Tennessee Cent. Ry. Co. v. DialCourt of Appeals of Tennessee · 1933
- McMichael v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1938
- Kohl v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Alleghany County1960