Fisher v. Monongahela C. Ry. Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FBOM THE COHBT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 234 October Term 1889, Sup. Ct.; court below, No. 306 September Term 1888, C. P. No. 1. On July 11, 1888, J. P. Fisher brought trespass against the Monongahela Connecting Railway Company, to recover damages for personal injuries alleged to have been sustained by him in consequence of negligence of the defendant. The defendant’s plea was not guilty.
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APPEAL BY PLAINTIFF FBOM THE COHBT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 234 October Term 1889, Sup. Ct.; court below, No. 306 September Term 1888, C. P. No. 1. On July 11, 1888, J. P. Fisher brought trespass against the Monongahela Connecting Railway Company, to recover damages for personal injuries alleged to have been sustained by him in consequence of negligence of the defendant. The defendant’s plea was not guilty. At the trial on February 25,1889, before Stowe, P. J., the following facts were shown on the part of the plaintiff: The defendant’s railway passes through the yard of…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett :
The reasons on which the motion for compulsory nonsuit was grounded are, first, because no negligence of defendant contributing to the accident was shown; and second, because it was shown that the plaintiff’s own negligence contributed to the injury. The judgment appears to have been entered, generally, on both grounds; but it is scarcely possible that the learned president of the Common Pleas intended to base it even partly on the first. The evidence, tending to prove that the injury complained of was caused by defendant’s negligence, was clearly sufficient to…
2Cases cited6 opinions
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
- Schum v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Hill v. Nation Trust Co.Supreme Court of Pennsylvania · 1885
- McGrann v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1886
- Germantown Passenger Railway Co. v. WallingSupreme Court of Pennsylvania · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Bucklin v. DavidsonSupreme Court of Pennsylvania · 1893
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- Buxton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1923
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