Legal Opinion

Stewart v. Central Railroad

Supreme Court of Pennsylvania

Decided March 18, 1912No. Appeal, No. 297PublishedCited by 5 opinions

Appeal, No. 297, Jan. T., 1911, by defendant from judgment of C. P. No. 4, Phila. Co., Dec. T., 1907, No. 2523, on verdict for plaintiff in case of Harrison H. Stewart v. Central Railroad Company of New Jersey. Trespass to recover damages for personal injuries. Before Carr, J. • The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 297, Jan. T., 1911, by defendant from judgment of C. P. No. 4, Phila. Co., Dec. T., 1907, No. 2523, on verdict for plaintiff in case of Harrison H. Stewart v. Central Railroad Company of New Jersey. Trespass to recover damages for personal injuries. Before Carr, J. • The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for the plaintiff for $20,000, upon which judgment was entered for $15,000, all above that sum having been remitted. Defendant appealed. Errors assigned were in refusing binding instructions for defendant, and in…

1Opinion of the Court

Opinion by

Mr. Justice Moschziskeb,

The plaintiff, a freight brakeman in the employ of the defendant Company, had his feet crushed by one of its trains on the night of August 6, 1910, at about 10.30 o’clock, which necessitated the amputation of both legs a few inches below the knee. The train, which consisted of fifty-two loaded cars and a caboose, had been brought to a stand-still by the breaking of an air-hose, at a bridge or unplanked trestle across a creek within the limits of a railroad yard of the defendant Company.

The plaintiff’s testimony shows that, when the train stopped, in the…

2Cases cited5 opinions

  1. Kerrigan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
  2. Cunningham v. Fort Pitt Bridge WorksSupreme Court of Pennsylvania · 1901
  3. Vorhees v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1899
  4. Bardsley v. GillSupreme Court of Pennsylvania · 1907
  5. Kaylor v. Cornwall RailroadSupreme Court of Pennsylvania · 1906

3Cited by5 opinions

  1. Chambers v. Mesta Machine Co.Supreme Court of Pennsylvania · 1916
  2. Madden v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1912
  3. Docheney v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1934
  4. O'Donnell v. Bell Telephone Co.Supreme Court of Pennsylvania · 1915
  5. Rinehuls v. ElySupreme Court of Pennsylvania · 1915

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