Winterbottom v. Philadelphia, Baltimore & Washington Railroad
Supreme Court of Pennsylvania
Appeal, No. 2, Jan. T., 1907, by defendant, from judgment of C. P. Del. Co., Sept. T., 1905, No. 55, on verdict for plaintiff in case of Jane E. Winterbottom, in her own right, and Francis Maurice Winterbottom, by his mother, Jane E. Winterbottom, v. Philadelphia, Baltimore & Washington Railroad Company. Trespass to recover damages for personal injuries to a boy twelve years old.
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Appeal, No. 2, Jan. T., 1907, by defendant, from judgment of C. P. Del. Co., Sept. T., 1905, No. 55, on verdict for plaintiff in case of Jane E. Winterbottom, in her own right, and Francis Maurice Winterbottom, by his mother, Jane E. Winterbottom, v. Philadelphia, Baltimore & Washington Railroad Company. Trespass to recover damages for personal injuries to a boy twelve years old. Before Johnson, P. J. At the trial it appeared that the plaintiff, a boy twelve years old, was struck and run over by a train of the defendant company at a grade crossing in the village of Lenni on February 18, 1905,…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The assignments of error raise three questions: first, was there sufficient evidence to go to the jury on the question of the failure to give proper signals before approaching the crossing ; second, even if it be conceded that the signals were not given, was the failure so to do the proximate cause of the accident ; and, third, was the boy making such an unlawful use of the crossing as to relieve defendant company from its duty to give proper signals. The appellant relies on what is termed the negative testimony of the witnesses for appellees to support its…
2Cases cited4 opinions
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
- Knox v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
- Hauser v. Central R. R.Supreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- United Railways & Electric Co. v. CrainCourt of Appeals of Maryland · 1914
- Ealy v. New York Central RailroadSupreme Court of Pennsylvania · 1938
- Knepp v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1918
- Mine v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1918
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