Legal Opinion

Oakland Railway Co. v. Fielding

Supreme Court of Pennsylvania

Decided October 27, 1864PublishedCited by 11 opinions

Error to the District Court of Allegheny county. This was an action on the case by John Fielding against The Oakland Railway Company, to recover damages for injury sustained by his minor son, alleged to have been occasioned by the negligence of the defendant in not keeping Third street, in the city of Pittsburgh, over and along which the track of their railroad is laid, in good and proper repair.

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Error to the District Court of Allegheny county. This was an action on the case by John Fielding against The Oakland Railway Company, to recover damages for injury sustained by his minor son, alleged to have been occasioned by the negligence of the defendant in not keeping Third street, in the city of Pittsburgh, over and along which the track of their railroad is laid, in good and proper repair. The material facts were these; — On the night of the 10th of April 1863, about nine o’clock in the evening, there was an alarm of fire in the lower part of the city, and some members of the Duquesne…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, C. J.

— We have looked attentively through the *328answers of the court to the several propositions submitted, and we detect no error whatever in any of them. Indeed, it seems to us that the charge presented the case to the jury with great clearness and precision.

The first error assigned was not pressed, and in view of the proofs it was well abandoned.

The second error assigns the language of the plaintiff’s seventh point rather than that of the court. The concluding sentences of the charge furnished the rule of damages in terms less exceptionable…

2Cited by11 opinions

  1. Thompson v. Town of Fort BranchIndiana Supreme Court · 1931
  2. Bice v. Wheeling Electrical Co.West Virginia Supreme Court · 1907
  3. Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891
  4. Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
  5. Forte v. Connerwood Healthcare, Inc.Indiana Supreme Court · 2001

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