Commonwealth v. Philadelphia, Harrisburg & Pittsburg Railroad
Superior Court of Pennsylvania
Appeal, No. 17, March T., 1903, by plaintiff, from judgment of C. P. Cumberland Co., Sept. T., 1901, No. 124, for defendant non obstante veredicto in case of Commonwealth ex rel. Borough of Mt. Holly Springs v. Philadelphia, Harrisburg & Pittsburg Railroad Company. Appeal from judgment of burgess.
Read the full summary
Appeal, No. 17, March T., 1903, by plaintiff, from judgment of C. P. Cumberland Co., Sept. T., 1901, No. 124, for defendant non obstante veredicto in case of Commonwealth ex rel. Borough of Mt. Holly Springs v. Philadelphia, Harrisburg & Pittsburg Railroad Company. Appeal from judgment of burgess. Before Biddle, P. J. The court charged as follows: By consent of the parties we will take in each of the cases which you have been sworn to try a verdict in favor of the plaintiff for the sum of $32.50, with interest from June 28, 1901, subject to a future disposition of the two following reserved…
1Opinion of the Court
Opinion by
Oklady, J.,
The argument of this case was confined by counsel to two legal propositions: First. The validity of an ordinance of the plaintiff borough which requires the defendant company to provide, at its own cost and expense, at a point in the borough where the defendant railroad company’s tracks cross the public street or avenue, a watchman or flagman whose duty would be to warn persons traveling on said avenue of the approaching trains, cars and engines on the railroad tracks. Second. The reasonableness of such an ordinance, requiring the railroad company to keep a watchman at a…
2Cases cited12 opinions
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
- Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Reimer's AppealSupreme Court of Pennsylvania · 1882
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Donnelly v. Public Service Commission & Pennsylvania R. R.Supreme Court of Pennsylvania · 1920
- Pennsylvania R. R. Co. v. DriscollSupreme Court of Pennsylvania · 1939
- Pennsylvania Railroad Co.'s CaseSupreme Court of Pennsylvania · 1906
- Pennsylvania Railroad v. DriscollSupreme Court of Pennsylvania · 1939
3 more not listed; retrieve them via the Exa API.