Dougherty v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 61, July T., 1895, by defendant, from judgment of C. P. Northumberland County, Sept. T., 1888, No. 72, on verdict for plaintiff. Trespass to recover damages for injuries to plaintiff’s wife and his furniture. Before Lyons, P. J., of the 41st judicial district, specially presiding. At the trial it appeared that the injuries for which damages were claimed were caused by an explosion of blasting powder on a car.
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Appeal, No. 61, July T., 1895, by defendant, from judgment of C. P. Northumberland County, Sept. T., 1888, No. 72, on verdict for plaintiff. Trespass to recover damages for injuries to plaintiff’s wife and his furniture. Before Lyons, P. J., of the 41st judicial district, specially presiding. At the trial it appeared that the injuries for which damages were claimed were caused by an explosion of blasting powder on a car. When the explosion occurred the train to which the powder car was attached was sixty-eight feet above the level of plaintiff’s house, and about four hundred feet distant from…
1Opinion of the Court
Opinion by
Mr. Justice Wieeiams,
The accident from which the plaintiff in this case suffered was, to say the least, an extraordinary one. A car loaded with blasting powder, while being moved over the defendant’s railroad as part of one of its freight trains, was exploded. The plaintiff’s house which stood sixty feet below the track and ata distance of four hundred feet from it was affected by the explosion; his furniture was damaged, and his wife quite seriously hurt. This action was brought to recover for the loss sustained by him. The defense alleged that the accident was unavoidable ; and,…
2Cited by4 opinions
- Anstine v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1941
- Johns v. Baltimore & Ohio Railroad CompanyDistrict Court, W.D. Pennsylvania · 1956
- Toner v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
- Cooper v. Reading RailroadSupreme Court of Pennsylvania · 1952