Pennsylvania R. v. MacKinney
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 3 OE PHILADELPHIA COUNTY. No. 92 January Term 1889, Sup. Ct.; court below, No. 331 June Term 1887, C. P. No. 3. On June 1,1887, Herbert C. MaeKinney brought case against the Pennsylvania Railroad Company, to recover damages for personal injuries received while a passenger on the defendant company’s railroad.
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ERROR TO THE COURT OE COMMON PLEAS NO. 3 OE PHILADELPHIA COUNTY. No. 92 January Term 1889, Sup. Ct.; court below, No. 331 June Term 1887, C. P. No. 3. On June 1,1887, Herbert C. MaeKinney brought case against the Pennsylvania Railroad Company, to recover damages for personal injuries received while a passenger on the defendant company’s railroad. At the trial on November 1,1888, it was shown that on May 21, 1887, the plaintiff was a passenger on an afternoon train from New York to Philadelphia. At about 3: 30 p. M., after the train had passed Trenton, the plaintiff was seated in the third or…
1Opinion of the Court
Opinion,
Mb. Justice Stebbett :
In May, 1887, plaintiff below was a passenger on one of de*467fondant company’s cars, bound for Philadelphia. While he was occupying the third or fourth seat from front end of the ear, left side, uext to an open window, and the train was running rapidly, some distance south of Trenton, he received a violent blow on the left eye, causing the severe and painful injury of which he complains. The nature of the injury indicated that he was struct by some hard substance, hurled with considerable force. Surgical examination of the eye, made on arrival at Philadelphia,…
2Cases cited8 opinions
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- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Pittsburg & Connellsville Railroad v. PillowSupreme Court of Pennsylvania · 1875
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
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