Legal Opinion

Witkowski v. Lehigh Valley Railroad Co.

Supreme Court of Pennsylvania

Decided April 8, 1940No. Appeal, 133PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Mb. Justice Linn,

We all agree that plaintiff’s contributory negligence bars recovery. While driving a Model T Ford truck over a crossing on a clear day, he was struck by a light engine approaching from his right on a track straight for more than a mile. He had traveled the crossing almost daily for eight years and was familiar with it. There were three tracks: first, a side track; second, a westbound main track 7 feet 11 inches from the side track; and third, an eastbound main track 7 feet 11 inches away from the second track. A line of freight cars occupied the side track on each…

2Cases cited5 opinions

  1. Hawk v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1931
  2. Massinger v. Reading R. R. Co.Supreme Court of Pennsylvania · 1930
  3. Kipp v. Central RailroadSupreme Court of Pennsylvania · 1919
  4. Schwenk v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1934
  5. Moore v. Erie Rys. Co.Supreme Court of Pennsylvania · 1932

3Cited by5 opinions

  1. Riesberg v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1962
  2. McGlinchey v. BakerDistrict Court, E.D. Pennsylvania · 1973
  3. Goldscheiter v. B. O.R.R. Co.Superior Court of Pennsylvania · 1943
  4. Goldscheiter v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1943
  5. O'Donnell v. Philadelphia Record Co.Supreme Court of Pennsylvania · 1946

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