Legal Opinion

Collins v. Philadelphia & Reading Railway Co.

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 102PublishedCited by 2 opinions

Appeal, No. 102, Oct. T., 1915, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2655, on verdict for plaintiff in case of John Collins v. Philadelphia & Reading Railway Company. , Trespass for personal injuries.

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Appeal, No. 102, Oct. T., 1915, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2655, on verdict for plaintiff in case of John Collins v. Philadelphia & Reading Railway Company. , Trespass for personal injuries. Before Carr, J. See Collins v. Philadelphia & Reading R. R., 224 Pa. 210. The facts appear by the opinion of the Superior Court, and by the report of the former appeal, 244 Pa. 210. Verdict and judgment for plaintiff for $1,200. Defendant appealed. Errors assigned were in refusing binding instructions for defendant.

1Opinion of the Court

Per Curiam,

The plaintiff and John Vesey, employees of the defendant, were engaged in loading a car at the defendant’s freight station. There was a hole in the platform at the car door, 3 to 4 inches wide and 8 to 10 inches long, which had existed for two weeks. This was not a necessary or convenient part of the structure, but it is fairly. inferable from the evidence that it was a defect caused by wear or decay, and there is direct evidence, “that this defect was known to the defendant’s foreman in charge of the men who were employed thereabouts, and to the plaintiff and his fellow workmen;…

2Cases cited5 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
  3. Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
  4. Price v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
  5. Collins v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914

3Cited by2 opinions

  1. Dunn v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1917
  2. Kelly v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919

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