Warner v. Peoples' St.-Railway Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OP COMMON PLEAS OF LACKAWANNA COUNTY. July Term 1890, Sup. Ct.; court below, No. 262 October Term 1888, C. P. On July 2, 1888, Abbie Warner, by her next friend, George Warner, brought trespass against the Peoples’ Street-Railway Company of Luzerne county, incorporated by the act of March 28, 1865, P. L. (1866) 1199. Issue.
Read the full summary
APPEAL BY DEPENDANT FROM THE COURT OP COMMON PLEAS OF LACKAWANNA COUNTY. July Term 1890, Sup. Ct.; court below, No. 262 October Term 1888, C. P. On July 2, 1888, Abbie Warner, by her next friend, George Warner, brought trespass against the Peoples’ Street-Railway Company of Luzerne county, incorporated by the act of March 28, 1865, P. L. (1866) 1199. Issue. At the trial, on April 14, 1889, testimony was submitted to show that the defendant’s road, upon which cars drawn by horses are used, runs between Scranton and Dunmore along one side of the public highway, the other side being generally…
1Opinion of the Court
OPINION,
Me. Justice Mitchell :
The place of the accident was in the public road, where both parties had a right to be, and where each, therefore, was bound to be on the lookout for the other: Schmidt v. McGill, 120 Pa. 405. But the right of the defendant’s cars was superior. They were confined to the track, and on that they had the right of way, to which the use by other parties, on foot or otherwise, was of necessity subordinate. The plaintiff, on the other hand, could use the whole road, and which part of it she took was merely a matter of convenience. That defendant in clearing its track…
2Cases cited3 opinions
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Thomas v. Citizens Pass. Ry. Co.Supreme Court of Pennsylvania · 1890
- Schmidt v. McGillSupreme Court of Pennsylvania · 1888
3Cited by20 opinions
- Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Perry v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1947
- Steffenson v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1949
- Hinton v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1948
15 more not listed; retrieve them via the Exa API.