Rathgebe v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 30, Oct. T., 1896, by defendant, from judgment of C. P. Westmoreland Co., Aug. T., 1893, No. 1092, on verdict for plaintiff. Green and Williams, JJ., dissent. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 30, Oct. T., 1896, by defendant, from judgment of C. P. Westmoreland Co., Aug. T., 1893, No. 1092, on verdict for plaintiff. Green and Williams, JJ., dissent. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: 4. The plaintiff’s husband having testified that, before plaintiff reached the point on the platform where she fell, he cautioned her to be careful, as the platform was slippery, and she having answered that she would be careful, and the evidence being undisputed that the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This action was brought to recover damages for personal injuries alleged to have been received by the plaintiff on the 19th of January, 1898, through the negligence of the defendant. It was conceded on the trial that the plaintiff fell and was injured while walking from the waiting room to the train, but there was a conflict in the evidence as to the place where she fell. The. plaintiff claimed that she fell on the slope while the defendant claimed that she fell on the platform between the side track and the Sewickley track. The defendant’s claim involved an…
2Cases cited5 opinions
- Pennsylvania Railroad v. ButlerSupreme Court of Pennsylvania · 1868
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
- Erie & W. V. R. v. SmithSupreme Court of Pennsylvania · 1889
- Delaware & Hudson Canal Co. v. BarnesSupreme Court of Pennsylvania · 1858
- Sidney School Furniture Co. v. Warsaw Township School DistrictSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912
- Rosenstiel v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Haun v. McCabeSupreme Court of Pennsylvania · 1932
- Mitchell v. EdeburnSuperior Court of Pennsylvania · 1908