Railroad Co. v. Aspell
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Delaware county. This was an action on the case by Richard Aspell against The Pennsylvania Railroad Company.
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Error to tbe Common Pleas of Delaware county. This was an action on the case by Richard Aspell against The Pennsylvania Railroad Company. It was alleged in the declaration that the plaintiff became a passenger in the cars of the Pennsylvania Railroad Company from 'Philadelphia-to Morgan’s-Corner; that the car was not stopped at the latter place so as to allow him to alight safely — that in attempting to alight, he was, by reason of the rapid motion of the cars, thrown upon the ground, and one of his feet injured. The plea was not guilty. Yerdict for plaintiff for $1500. The plaintiff took…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The plaintiff below was a passenger in the defendants’ ears from Philadelphia to Morgan’s Corner. The train should have stopped at the latter place; but some defect in the bell-rope prevented the conductor from making the proper signal to the engineer, who, therefore, went past, though at a speed somewhat slackened on account of the switches which were there to be crossed. The plaintiff, seeing himself about to be carried on, jumped from the platform of the car and was seriously hurt in the foot. He brought this action; and the jury, with…
2Cases cited1 opinion
- Stokes v. SaltonstallSupreme Court of the United States · 1839
3Cited by28 opinions
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- Robinson v. McNeil Consumer HealthcareCourt of Appeals for the Seventh Circuit · 2010
- Lockhart v. ListSupreme Court of Pennsylvania · 1995
- Krauss v. GreenbargCourt of Appeals for the Third Circuit · 1943
- Memphis Street Railway Co. v. RoeTennessee Supreme Court · 1907
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