Johnson v. Philadelphia & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 363, Jan. T., 1894, by plaintiff, from judgment of C. P. -No. 2, Phila. Co., Dec. T.,, 1891,No. 387, on verdictfor defendant. Trespass for personal injuries. Before Pennypacker, J. At the trial it appeared that plaintiff was a brakeman employed by defendant, and that he was injured on Aug. 28,1891, while in the performance of his duties. On June 13, 1891,. plaintiff applied for membership in the Philadelphia & Reading-Relief Association.
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Appeal, No. 363, Jan. T., 1894, by plaintiff, from judgment of C. P. -No. 2, Phila. Co., Dec. T.,, 1891,No. 387, on verdictfor defendant. Trespass for personal injuries. Before Pennypacker, J. At the trial it appeared that plaintiff was a brakeman employed by defendant, and that he was injured on Aug. 28,1891, while in the performance of his duties. On June 13, 1891,. plaintiff applied for membership in the Philadelphia & Reading-Relief Association. This association was composed of employees of defendant railroad, and its funds were made up by the joint contributions of the railroad company…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The release was admissible under the plea of not guilty. By the strict letter of the Procedure Act of 1887 “ the only ple.a in the action of trespass shall be not guilty,” though the pleadings are to be “subject to the rules of the respective courts as to notice of special matter.” The rule of the court below prescribes that defences previously pleaded specially or given in evidence under equitable pleas, shall be admissible under tbe geueral issue upon notice given ten days prior to the trial.. This court does not interfere with the interpretation by the lower…
2Cases cited2 opinions
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- Northwestern Masonic Aid Ass'n v. JonesSupreme Court of Pennsylvania · 1893
3Cited by34 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Donald v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1895
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