Pennsylvania Railroad v. Horst
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of January Term 1885, No. 86. This was an action of trespass on the case by Samuel Horst against the Pennsylvania Railroad Company to recover dama-' ges for injuries to his wife, alleged to have been caused 63^ the negligence of defendant. Plea, not guilty.
Read the full summary
Error to the Court of Common Pleas of Lancaster county: Of January Term 1885, No. 86. This was an action of trespass on the case by Samuel Horst against the Pennsylvania Railroad Company to recover dama-' ges for injuries to his wife, alleged to have been caused 63^ the negligence of defendant. Plea, not guilty. On the trial, before Patterson, J., the following facts appeared : On the morning of July 23d, 1881, plaintiff with his wife and daughter started for the market at Lancaster, in a one horse wagon. He went by way of the Harrisburg turnpike which crosses at grade the defendant’s road…
1Opinion of the CourtJustice Gordon
As there is no evidence that the plaintiff contributed in any degree to the accident which is the subject of this suit, the ■only matter which the case presents for consideration is, whether the evidence produced by the plaintiff justified the .court in submitting to the jury the question of the defendant’s negligence. That is, whether the proofs established any default on part of the railroad company’s servants.
If there were such proofs, we can see nothing in the exceptions on part of the defendant which should induce us to reverse the court below; on the other hand, if the testimony fails…
2Cited by4 opinions
- Louisville, New Albany & Chicago Railroad v. SchmidtIndiana Supreme Court · 1897
- Lake Shore & M. S. Ry. Co. v. FrantzSupreme Court of Pennsylvania · 1889
- Ochiltree v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1895
- Louisville & Nashville Railroad v. TatumCourt of Appeals of Georgia · 1919