Smith v. Baltimore & Ohio R. R.
Supreme Court of Pennsylvania
Appeal, No. 223, Oct. T., 1893, by defendant, from judgment of C. P. Somerset Go., Dee. T., 1890, No. 122, on verdict for plaintiff, Christian Smith. Trespass for personal injuries. At the trial, before Doty, P. J., of the 10th judicial district, specially presiding, it appeared that on March 2, 1889, plaintiff was injured at a grade crossing near Ursina. He was traveling in a buggy owned and driven by Liston, who had invited plaintiff to ride home with him.
Read the full summary
Appeal, No. 223, Oct. T., 1893, by defendant, from judgment of C. P. Somerset Go., Dee. T., 1890, No. 122, on verdict for plaintiff, Christian Smith. Trespass for personal injuries. At the trial, before Doty, P. J., of the 10th judicial district, specially presiding, it appeared that on March 2, 1889, plaintiff was injured at a grade crossing near Ursina. He was traveling in a buggy owned and driven by Liston, who had invited plaintiff to ride home with him. Evidence for plaintiff tended to show that the crossing was a dangerous one, and that the view of the tracks was obstructed by cars;…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
As clearly appears from the testimony, this case involved the questions of defendant company’s negligence and plaintiff’s contributory negligence. As to the former, it was alleged and testimony was introduced tending to prove (1) that the train, by which plaintiff was injured, was running at a reckless and dangerously high rate of speed; (2) that the public crossing was thus approached and passed over without any signal or warning to plaintiff and others who had occasion to use the same; and (3) that the company carelessly and negligently placed box cars,…
2Cases cited5 opinions
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Pennsylvania Railroad v. BarnettSupreme Court of Pennsylvania · 1868
- McGill v. Pittsburgh & Western Ry.Supreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Hecker v. Oregon RailroadOregon Supreme Court · 1901
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
- Laib v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Wilson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896