Breunniger v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 201, Oct. T., 1897, by plaintiff, from order of C. P. Lancaster Co., April T., 1896, No. 4, discharging rule to show cause why nonsuit should not be stricken off. Trespass. Before Brubaker, J. The facts sufficiently appear from the opinion of the court below and in the opinion of the Superior Court.
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Appeal, No. 201, Oct. T., 1897, by plaintiff, from order of C. P. Lancaster Co., April T., 1896, No. 4, discharging rule to show cause why nonsuit should not be stricken off. Trespass. Before Brubaker, J. The facts sufficiently appear from the opinion of the court below and in the opinion of the Superior Court. The opinion of the court below is as follows: We were moved to enter the nonsuit in this case from the testimony elicited from Henry Mowery, the driver of the injured team in question. It is substantially as follows: The Harrisburg express on the Pennsylvania railroad, eastward bound,…
1Opinion of the Court
Opinion by
William W. Porter, J.,
In order to sustain the nonsuit entered in this case, we must hold that it was inherently impossible for the accident to have happened as detailed by the plaintiff’s witness.
The driver stopped with his team of mules fifty feet from the four tracks of the defendant company. He there looked and listened. The point at which he stopped was a proper point. He waited until a freight train passed going west on the third track. Pie then drove forward at a walk, looking east and west until his mules were about stepping on track No. 1. They crossed track No. 1 and had…
2Cases cited4 opinions
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1897
- North Broad Safe Deposit & Storage Co. v. Chester, Darby & Philadelphia Railway Co.Superior Court of Pennsylvania · 1897