Catawissa Railroad v. Armstrong
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an action on the ease, by Margaret Armstrong against The Catawissa Railroad Company, to recover damages for the killing of her husband, Michael Armstrong, through the alleged negligence, carelessness, and inattention of the conductor of a freight train belonging to the company.
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Error to the Common Pleas of Lycoming county. This was an action on the ease, by Margaret Armstrong against The Catawissa Railroad Company, to recover damages for the killing of her husband, Michael Armstrong, through the alleged negligence, carelessness, and inattention of the conductor of a freight train belonging to the company. The main facts were these:— The Catawissa Company, by an arrangement with the Philadelphia and Erie Railroad Company, have the right to use the road of the latter company and run upon it from Milton to Williams-port. Under this they are bound to obey the rules and…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The principal grounds of complaint in this case are, the answer of the court to the third and fifth points of the defendants below.
The third point was, “that if Armstrong knew, or had the opportunity of knowing, that the train of defendants was at the Muncy Station, he was guilty of negligence in approaching the train in a hand-car, and thus occupying the track. The plaintiff cannot recover.”
A negative of this point, I cannot doubt, might have been *191correct. Where was the negligence or impropriety in approaching it, if at the station ? The…
2Cases cited1 opinion
- Schuylkill Navigation Co. v. HarrisSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Chicago, R. I. & P. Ry. Co. v. McCulleySupreme Court of Oklahoma · 1911
- Keck v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1903
- Yarrington v. Delaware & Hudson Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906