Burns v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 189, Oct. T., 1912, by defendant, from judgment of O. P. Cambria Co., Dec. T., 1909, No. 545, on verdict for plaintiff in case of Patrick Burns v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. The facts of the case are stated in Burns v. Pennsylvania Railroad Company, 233 Pa. 304. Verdict for plaintiff for $4,000.00 and judgment thereon. Defendant appealed.
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Appeal, No. 189, Oct. T., 1912, by defendant, from judgment of O. P. Cambria Co., Dec. T., 1909, No. 545, on verdict for plaintiff in case of Patrick Burns v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. The facts of the case are stated in Burns v. Pennsylvania Railroad Company, 233 Pa. 304. Verdict for plaintiff for $4,000.00 and judgment thereon. Defendant appealed. Errors assigned, among others, were various rulings on evidence and instructions of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
When this case was here before it. was decided that the negligence of the appellant company and the contributory negligence of the appellee were questions of fact for the jury: Burns v. R. R. Co., 233 Pa. 304. We find nothing in the present record to warrant a different disposition of the case now. In the case at bar, as at the former trial, the court could not have properly declared appellee guilty of contributory negligence as a matter of law. This was a question of fact and it was for the jury to say whether appellee negligently contributed to the injuries about…
2Cases cited5 opinions
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
- McLane v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Thomas v. Altoona & Logan Valley Electric Co.Supreme Court of Pennsylvania · 1912
3Cited by11 opinions
- McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- Mastel v. WalkerSupreme Court of Pennsylvania · 1914
- Fortney v. BreonSupreme Court of Pennsylvania · 1914
- Snyder v. Reading CompanySupreme Court of Pennsylvania · 1925
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