Devereux v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 46, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., June T., 1911, No. 3034, refusing to take off nonsuit in the case of A. J. Antelo Devereux v. Philadelphia & Reading Railway Co. Trespass to recover damages for death of horses. Before Heydt, P. J., specially presiding. The opinion of the Supreme Court states the case. The court entered judgment of nonsuit, which it subsequently refused to take off. Plaintiff appealed.
Read the full summary
Appeal, No. 46, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., June T., 1911, No. 3034, refusing to take off nonsuit in the case of A. J. Antelo Devereux v. Philadelphia & Reading Railway Co. Trespass to recover damages for death of horses. Before Heydt, P. J., specially presiding. The opinion of the Supreme Court states the case. The court entered judgment of nonsuit, which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off nonsuit. cited: Railroad Co. v. Skinner, 19 Pa. 298; North Pennsylvania Railroad Co. v.…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We have read with interest and care the very able argument of learned counsel for appellant, but cannot agree that what has been considered the settled rule of our cases should be disregarded in order to meet the exigencies of the case at bar. It is frankly conceded that if the doctrine of our earlier cases is still the law in Pennsylvania, appellant can only recover on the ground of gross and wanton negligence. If a trespasser upon the right of way of a railroad company, not at or near a public crossing, can only recover damages for injuries sustained on the…
2Cases cited2 opinions
- Railroad Co. v. SkinnerSupreme Court of Pennsylvania · 1852
- North Pennsylvania Railroad v. RehmanSupreme Court of Pennsylvania · 1865
3Cited by5 opinions
- Cody v. VenzieSupreme Court of Pennsylvania · 1919
- Horne v. West Chester Street Railway Co.Superior Court of Pennsylvania · 1916
- Philip Calla v. Hershey Transit Co.Superior Court of Pennsylvania · 1924
- Clapper v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Blair County1925
- Posey v. Maryland & Pennsylvania Railroad, Pennsylvania Court of Common Pleas, York County1930