Marshall v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 338, Jan. T., 1912, by Lehigh Valley Railroad Company, from judgment of C. P.. Bradford Co., May T., 1908, No. 67, on verdict for plaintiff in case of L. Gr. Marshall v. John F. Dolan and Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries and injuries to property. Before Johnson, P. J., specially presiding. Before the trial the service on John F. Dolan was set aside and the suit proceeded against the railroad company alone.
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Appeal, No. 338, Jan. T., 1912, by Lehigh Valley Railroad Company, from judgment of C. P.. Bradford Co., May T., 1908, No. 67, on verdict for plaintiff in case of L. Gr. Marshall v. John F. Dolan and Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries and injuries to property. Before Johnson, P. J., specially presiding. Before the trial the service on John F. Dolan was set aside and the suit proceeded against the railroad company alone. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,000. Defendants made a motion for judgment n. o.…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass to recover damages for injuries to the plaintiff, his horse,, and buggy which he alleges were caused by the reckless and negligent operation of a hand car on the defendant’s road. The first eight assignments allege error in the admission of certain testimony relating to the watchman at the crossing where the accident occurred. Had the learned trial *274judge followed his inclination, as disclosed by his remarks at the time, and rejected this testimony it would not have been error. As he pointed out, the negligence averred in the…
2Cited by1 opinion
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