Railroad Co. v. Skinner
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was an action of trespass on the ease by Josiah Skinner v. The New York and Erie Railroad Company, for killing a cow belonging to the plaintiff, when upon the railway track; it being alleged in the declaration that the occurrence happened through the negligence of the engineer.
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Error to the Common Pleas of Susquehanna county. This was an action of trespass on the ease by Josiah Skinner v. The New York and Erie Railroad Company, for killing a cow belonging to the plaintiff, when upon the railway track; it being alleged in the declaration that the occurrence happened through the negligence of the engineer. It appeared that the cow in question was at large on a narrow piece of unenclosed land between the railroad and the public highway, about sunset in May or June, 1849, when the mail train came along, running at their usual rate, of from twenty-five to thirty miles…
1Opinion of the Court
The opinion of the Court, was delivered by
Gibson, J.
An action for such an injury as is laid in this declaration is founded in negligence, of which there was not a particle of proof at the trial. The Company was using its chartered privilege in the usual way, and its act-was lawful. Doubtless case may be maintained for negligence in conducting a railway train as well as in conducting any other vehicle, as was ruled in Bridge v. The Grand Junction Railway, 3 M. & W. 244; but what *302is such negligence has not been entirely determined. In Aldridge v. The Grand Western Railway, 4 Scott, N. R. 150,…
2Cases cited1 opinion
- Simpson v. HandSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Wright v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
- Devereux v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Clapper v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Blair County1925
- Ginter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
- Ham v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1893
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