Ellis v. Lake Shore Etc. R.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 131 October Term 1890, Sup. Ct.; court below, No. 185 January Term 1890, C. P. On December 24, 1889, H. W. Ellis brought trespass against the Lake Shore & Michigan Southern Railroad Company, operating the Jamestown & Franklin railroad, for personal injuries to the plaintiff alleged to be the consequence of negligence on the part of the defendant company. The defendant’s plea was not guilty.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 131 October Term 1890, Sup. Ct.; court below, No. 185 January Term 1890, C. P. On December 24, 1889, H. W. Ellis brought trespass against the Lake Shore & Michigan Southern Railroad Company, operating the Jamestown & Franklin railroad, for personal injuries to the plaintiff alleged to be the consequence of negligence on the part of the defendant company. The defendant’s plea was not guilty. At the trial on June 12, 1890, the following facts were shown: On the afternoon of December 21, 1889, about half past three o’clock,…
1Opinion of the Court
OPINION,
Me. Chief .Justice Paxson:
We do not think it was error to decline to affirm'the defendant’s first point. The vice of the point is that it assumed that the railroad company had performed its whole duty, provided the whistle was sounded and the bell rung at a proper distance from the crossing. But there was another element in the case which the jury were necessarily compelled to pass upon, viz., the rate of speed at which the train approached the crossing. The character of the crossing itself was a circumstance which could not be ignored, and which necessarily affected the relative…
2Cases cited2 opinions
- Lake Shore & M. S. Ry. Co. v. FrantzSupreme Court of Pennsylvania · 1889
- Allen v. DuBois BoroughSupreme Court of Pennsylvania · 1897
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- Alco Parking Corp. v. PittsburghSupreme Court of Pennsylvania · 1973
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
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