Lawandoski v. Wilkes-Barre & Hazleton Railway Co.
Superior Court of Pennsylvania
Appeal, No. 33, Jan. T., 1907, by defendant, from judgment of C. P., Luzerne Co., Oct. T., 1903, No. 578, on verdict for plaintiff in case of Scyrpan Lawandoski and Annie Lawandoski v. Wilkes-Barre & Hazleton Railway Company. Trespass to recover damages for injuries to land. Before Perris, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $941.75. Defendant appealed.
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Appeal, No. 33, Jan. T., 1907, by defendant, from judgment of C. P., Luzerne Co., Oct. T., 1903, No. 578, on verdict for plaintiff in case of Scyrpan Lawandoski and Annie Lawandoski v. Wilkes-Barre & Hazleton Railway Company. Trespass to recover damages for injuries to land. Before Perris, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $941.75. Defendant appealed. Errors assigned were (1) in permitting John Myers to testify as an expert; (3) in giving wrongful instructions as to punitive damages. —Myers was incompetent: Friday v. Penna. R. R. Co.,…
1Opinion of the Court
Opinion by
Oelady, J.,
The defendant company entered into a contract with a construction company to acquire title for the necessary right of way, on which it was to construct a railroad from Wilkes-Barre to Hazleton. This was supplemented by subcontracts with other named parties, and through their combined efforts the road was eventually built. While the defendant employed a number of agencies in doing the different branches of the work, the whole enterprise was under the direction and control of the parent company which received the advantage of the general undertaking, and, however much it…
2Cases cited5 opinions
- Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Lally v. Central Valley RailroadSupreme Court of Pennsylvania · 1906
- Greeney v. Pennsylvania Water Co.Superior Court of Pennsylvania · 1905
- Shimer v. Easton Railway Co.Supreme Court of Pennsylvania · 1903