Pennsylvania Railroad v. Kilgore
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action on the case by Sarah Kilgore against The Pennsylvania Railroad Company, to recover damages for injuries sustained by her whilst a passenger in the defendant’s cars from ■Pittsburgh to Greensburg, in consequence of the defendant’s negligence in prematurely starting the train without giving her time to alight at her point of destination.
Read the full summary
Error to the Common Pleas of Westmoreland county. This was an action on the case by Sarah Kilgore against The Pennsylvania Railroad Company, to recover damages for injuries sustained by her whilst a passenger in the defendant’s cars from ■Pittsburgh to Greensburg, in consequence of the defendant’s negligence in prematurely starting the train without giving her time to alight at her point of destination. On the 6th of November 1854, the plaintiff, with her three children, took passage in the defendant’s cars from Pittsburgh to Greensburg. The plaintiff had been sick and was still feeble, and…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
After an attentive consideration of the ingenious criticism to which the charge of the learned judge has been subjected in the hands of counsel, we have come to the conclusion that it was only too favourable to the plaintiffs in error.
Whilst there is no doubt about the doctrine of concurrent negligence which the learned counsel invokes, the circumstances of this case scarcely admit of its application. The company, as public transporters, took the plaintiff and her three children aboard of their cars at Pittsburgh, under a contract to set…
2Cited by11 opinions
- Schaut v. St. Marys' BoroughSuperior Court of Pennsylvania · 1940
- Pennsylvania R. v. LyonsSupreme Court of Pennsylvania · 1889
- Bockelcamp v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1911
- Duty v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1911
- Duffy v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1927
6 more not listed; retrieve them via the Exa API.