Lackawanna & Bloomsburg Railroad v. Chenewith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county. This was an action on the casé, commenced May 4th 1864, by William L. Chenewith against the Lackawanna and Bloomsburg Railroad Company. The plaintiff resided in Carlisle, and was engaged in running a market car, and selling marketing, fruit, &c. On Saturday, about the 1st of October 1860, he and John Harder were at Kingston with their cars (Chenewith’s loaded with apples), after the regular freight train had gone.
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Error to the Court of Common Pleas of Luzerne county. This was an action on the casé, commenced May 4th 1864, by William L. Chenewith against the Lackawanna and Bloomsburg Railroad Company. The plaintiff resided in Carlisle, and was engaged in running a market car, and selling marketing, fruit, &c. On Saturday, about the 1st of October 1860, he and John Harder were at Kingston with their cars (Chenewith’s loaded with apples), after the regular freight train had gone. The superintendent of the road was absent. Upon the request of Chenewith — after being told it was against instructions and the…
1Opinion of the Court
The opinion of the court was delivered, October 18th 1866, by
Thompson, J.
1. The first assignment of error on the record is to the portion of the charge of the learned judge, in which he holds that the agents of the company,.as well as the plaintiffs, acted improperly in attaching freight ears to a passenger train, yet that the company could not repudiate ihe act so as to free *385itself from responsibility for negligence, on the grounds of want of power in their agent.
We think the court committed no error in this. The arrangement was made with parties having full power over the subject-matter,…
2Cited by6 opinions
- Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
- Coleman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1913
- Nielsen v. Chicago, B. & Q. R.Court of Appeals for the Eighth Circuit · 1911
- Eastern Texas Electric Co. v. KappeCourt of Appeals of Texas · 1921
- Clark v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1904
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