Kuntz v. New York, Chicago & St. Louis Railroad
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1903, by defendant, from judgment of C. P. Erie Co., May T., 1903, No. 120, on verdict for plaintiff in case of Frank Kuutz v. New York, Chicago & St. Louis Railroad Company. Trespass to recover damages for personal injuries. Before Walling-, P. J. . The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for §8,901. Defendant appealed. Error assigned was in submitting the case to the jury.
1Opinion of the Court
Opinion by
Mr. Justice .Fell,
The principal error assigned is that the court did not take the case from the jury on the grounds, (1) that there was not sufficient evidence of negligence on the part of the defendant to warrant a recovery; (2) that the plaintiff failed to present a case clear of contributory negligence on his part.. The weight of testimony on the question whether proper notice was given of the approach of the train to the crossing was undoubtedly with the defendant. But three witnesses on behalf of the plaintiff testified that they were listening for some signal by bell or…
2Cases cited8 opinions
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Longenecker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Quigley v. Del. & H. Canal Co., Pennsylvania Court of Common Pleas, Luzerne County1891
- Bard v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Newingham v. J. C. Blair Co.Supreme Court of Pennsylvania · 1911
- Coolbroth v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Rhodes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1929
- Lyons Et Ux. v. Pittsburgh Rys. Co.Supreme Court of Pennsylvania · 1930
- Konchar v. CebularSupreme Court of Pennsylvania · 1939
11 more not listed; retrieve them via the Exa API.