Wojochoski v. Central Railroad
Superior Court of Pennsylvania
Appeal, No. 6, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., March T., 1894, No. 227, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass. Before Woodward, P. J. It appears from the testimony that there was evidence of alleged negligence of the defendant company in failing to give warning of the approach of the train to a grade crossing sufficient to carry the case to the jury upon that question.
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Appeal, No. 6, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., March T., 1894, No. 227, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass. Before Woodward, P. J. It appears from the testimony that there was evidence of alleged negligence of the defendant company in failing to give warning of the approach of the train to a grade crossing sufficient to carry the case to the jury upon that question. Plaintiff’s evidence established the fact that in approaching the railroad crossing he stopped at a place where he could not see and then drove on passing a point, with…
1Opinion of the Court
Opinion by
W. D. Pouter, J.,
This record presents but a single question under the assignments of error; whether, under all the evidence, the court below should have affirmed the request for binding instructions presented by defendant. The evidence as to the alleged negligence of the servants of the defendant company, in failing to give warning of the approach of the train to the grade crossing, was such as to carry the case to the jury upon that question.
The only question, therefore, now presented for consideration is whether the undisputed facts presented such a case as to require the court to…
2Cases cited7 opinions
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Central Railroad Co. of New Jersey v. FellerSupreme Court of Pennsylvania · 1877
- McGill v. Pittsburgh & Western Ry.Supreme Court of Pennsylvania · 1893
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