Johnston v. Pittsburgh & Western Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October Term, 1886, No. 164. Case by William Johnston against the Pittsburgh and Western Kailroad Company to recover damages for injuries sustained by the negligence of the conductor and the engineer of the railroad train on which he was a brakeman. Plea, not guilty. After the plaintiff closed his testimony the defendant moved the court, Hazen, P. J., to grant a compulsory nonsuit. ■ A compulsory nonsuit was granted.
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Error to the Court of Common Pleas of Butler county: Of October Term, 1886, No. 164. Case by William Johnston against the Pittsburgh and Western Kailroad Company to recover damages for injuries sustained by the negligence of the conductor and the engineer of the railroad train on which he was a brakeman. Plea, not guilty. After the plaintiff closed his testimony the defendant moved the court, Hazen, P. J., to grant a compulsory nonsuit. ■ A compulsory nonsuit was granted. A motion to take it off wras overruled, and judgment of nonsuit was thereupon entered, whereupon the plaintiff took this…
1Opinion of the CourtJustice Paxson
This case can be disposed of in a very few words. The plaintiff was a brakeman in the employ of the defendant company, and whilst in such employ, without any negligence on his part, was injured by the colliding of his train with another train on the same road. The collision was admittedly the result of the neglect of the conductor and engineer of the train on which plaintiff was engaged, to stop at Wildwood station for orders. Instead of so waiting they started their train in plain violation of their duty and the orders of the company, and the collision was the result.
If this were all, it is…
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