Legal Opinion

Pittsburg & Connellsville Railroad v. McClurg

Supreme Court of Pennsylvania

Decided January 7, 1868PublishedCited by 5 opinions

Error to the District Court of Allegheny county : No. 79, to October and'November Term 1867. This appeared to have been an action by W. A. McClurg against The Pittsburg and Connelsville Railroad Company, for negligence. The following is the history of the case furnished in their paper-books by the plaintiffs in error; none of the evidence being given.

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Error to the District Court of Allegheny county : No. 79, to October and'November Term 1867. This appeared to have been an action by W. A. McClurg against The Pittsburg and Connelsville Railroad Company, for negligence. The following is the history of the case furnished in their paper-books by the plaintiffs in error; none of the evidence being given. “Mr. McClurg, the plaintiff, while a passenger upon the defendants’ train of cars, suffered his elbow to project from the window of the car in which he was riding. In passing a switch, the plaintiffs’ elbow eame in contact with a car standing on…

1Opinion of the Court

The opinion of the court was delivered, January 7th 1868, by

Thompson, C. J.

The plaintiff below, as we learn from the very brief history of the case by the plaintiff in error, no portion of the testimony being given, was injured while a passenger in the ears of defendant, by reason of the protrusion of his elbow beyond the sill of the car window next to which he sat during the journey, or part of it, coming in contact with a car standing on a switch on the defendants’ road. The plaintiff had a verdict on the ground of negligence on the part of the company, as we are informed, in carrying the…

2Cited by5 opinions

  1. Nebel v. BurrelliSupreme Court of Pennsylvania · 1945
  2. White v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1986
  3. Delaware L. & W. R. Co. v. CadowSupreme Court of Pennsylvania · 1888
  4. Paynter v. Atlantic City RailroadSuperior Court of Pennsylvania · 1916
  5. White v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1986

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