Legal Opinion

Railroad v. Norton

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 10 opinions

ERROR, to tbe Common Pleas of BerJcs county. This was an action by James Norton v. The Little Schuylkill Navigation Railroad and Coal Company, to recover damages for an injury received by him through alleged carelessness on the part of the defendants’ agents in running a locomotive engine over their road, leading from Tamaqua to its intersection with The Philadelphia and Reading Railroad opposite to Port Clinton.

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ERROR, to tbe Common Pleas of BerJcs county. This was an action by James Norton v. The Little Schuylkill Navigation Railroad and Coal Company, to recover damages for an injury received by him through alleged carelessness on the part of the defendants’ agents in running a locomotive engine over their road, leading from Tamaqua to its intersection with The Philadelphia and Reading Railroad opposite to Port Clinton. The Philadelphia and Reading Railroad Company, for the transmission of freight and passengers from the Little Schuylkill Road to their road, constructed a sideling and a bridge with…

1Opinion of the Court

The opinion of the Court was delivered by

Woodwakd, J.

The action here was trespass on the case for a personal injury resulting from the negligent running of their cars by the agents of the defendants. The plaintiff was not a passenger, and the defendants had assumed no responsibility, express or implied, for his- safety. According to his own showing, he was engaged in sawing wood with a steam sawing machine, screwed and. wedged to the very rail which he knew the defendants were accustomed to travel with their locomotive and trains. The Court ruled that he was lawfully there. We are obliged to…

2Cited by10 opinions

  1. Kasanovich v. GeorgeSupreme Court of Pennsylvania · 1943
  2. Memphis Street Railway Co. v. RoeTennessee Supreme Court · 1907
  3. Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
  4. Keller v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1930
  5. Bird v. Hart-Parr Co.Supreme Court of Iowa · 1914

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