Drake v. Penna. R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 412 January Term 1890, Sup. Ct.; court below, No. 148 February Term 1888, C. P. On January 19,1888, Francis Drake brought trespass against the Pennsylvania Railroad Company, lessee of the Philadelphia and Erie railroad, to recover damages for personal injuries received by the plaintiff, in consequence, as it was alleged, of the defendant company’s negligence. The defendant’s plea was not guilty.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 412 January Term 1890, Sup. Ct.; court below, No. 148 February Term 1888, C. P. On January 19,1888, Francis Drake brought trespass against the Pennsylvania Railroad Company, lessee of the Philadelphia and Erie railroad, to recover damages for personal injuries received by the plaintiff, in consequence, as it was alleged, of the defendant company’s negligence. The defendant’s plea was not guilty. At the trial on October 9, 1889, the following facts were shown: The plaintiff was a resident of Union City. On December 9, 1887,…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The appellant was a passenger on the defendant company’s train on a dark night in December, 1887, and in alighting from it at Union station, stepped into a deep ditch by the side of the roadbed and was injured. A portion of this ditch was dug by the company that day, for purposes appurtenant to its road, and there were no lights or guards near it. It was on the north side of the track, and the depot was on the south side of it. The appellant was, and for twelve years previous thereto had been, a resident of Union, and his house was near the depot. He was well…
2Cases cited3 opinions
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
- Sullivan v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1858
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1861
3Cited by4 opinions
- Flanagan v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1897
- Tiers v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
- Gunderman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
- Seltzer v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1918