N. Y., L. E. & W. R. v. Lyons
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF WAYNE COUNTY. No. 111 July Term 1887, Sup. Ct.; court below, No. 267 May Term 1885. On August 5, 1885, a summons in case was issued by Henry Lyons against the New York, Lake Erie and Western R. Co., to recover damages for personal injuries.
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ERROR TO THE COURT OF COMMON PLEAS OF WAYNE COUNTY. No. 111 July Term 1887, Sup. Ct.; court below, No. 267 May Term 1885. On August 5, 1885, a summons in case was issued by Henry Lyons against the New York, Lake Erie and Western R. Co., to recover damages for personal injuries. The declaration set out the employment of the plaintiff ás a brakeman on the defendant’s road, and his attempt to get upon an engine in motion after flagging the train drawn by it and charged: “ That owing to the unsafe and improper steps, appurtenances and appliances of and on said engine No. 337, and for want of…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
The plaintiff brought this action in the court below to recover from the defendant company damages for injuries received while in their employ as a brakeman. The facts, as we gather them from his own testimony, are substantially as fol*334lows: On the 17th of October, 1888, he was on extra coal train No. 4. About three o’clock in the morning the train stopped for water at Millville, and the plaintiff was sent back to flag another extra train and order it to run slow. This train was following the one of plaintiff and was drawn by engine No. 337. The plaintiff was…
2Cases cited1 opinion
- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
3Cited by5 opinions
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- Diehl v. Lehigh Iron Co.Supreme Court of Pennsylvania · 1891
- Duvic v. HenrySupreme Court of Louisiana · 1881
- Wilkinson v. H. W. Johns Manufacturing Co.Supreme Court of Pennsylvania · 1901