Gates v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 182, July T., 1892, by defendant, from judgment of O. P. Huntingdon Co., Sept. T., 1891, No. 13, on verdict for plaintiff, Thomas Gates. Trespass for personal injuries caused by alleged negligent construction of overhead bridge. (See report of former writ, in 150 Pa. 50.) At the trial, before Krebs, P. J., it appeared that plaintiff was injured by falling over an unguarded wing wall of an overhead bridge constructed by defendant company.
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Appeal, No. 182, July T., 1892, by defendant, from judgment of O. P. Huntingdon Co., Sept. T., 1891, No. 13, on verdict for plaintiff, Thomas Gates. Trespass for personal injuries caused by alleged negligent construction of overhead bridge. (See report of former writ, in 150 Pa. 50.) At the trial, before Krebs, P. J., it appeared that plaintiff was injured by falling over an unguarded wing wall of an overhead bridge constructed by defendant company. The bridge carried the railroad over a public highway. Plaintiff, who was a carpenter employed on bridge work by defendant, described the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
On the motion to quash the writ in this case, the only question is, whether plaintiff’s appeal from the judgment non obstante veredicto, resulting in a reversal thereof and entry of judgment in his favor on the verdict, is a bar to this appeal by defendant. We are of opinion that it is not.
On the trial in the court below, the defence was twofold: («) that defendant was not liable, because the accident oc*571curred within the lines of the public highway, and plaintiff’s remedy, if he had any, was against the township, and not against defendant company, and (5)…
2Cases cited9 opinions
- Rand v. KingSupreme Court of Pennsylvania · 1890
- Bradwell v. Pittsb. Etc. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879
- Ormsby v. IhmsenSupreme Court of Pennsylvania · 1859
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3Cited by15 opinions
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- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
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