Marland v. Pittsb. & L. E. R.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. Nos. 213, 214 October Term 1888, Sup. Ct.; court below,f Nos. 631, 632 September Term 1887, C. P. No. 1. To the first Monday September, 1887, two actions in trespass! were brought against the Pittsburgh & Lake Erie Railroad Company, one by Alfred Marland, a minor, by his father and next friend, Henry Marland, and the other by the father, Henry Marland, in trespass to recover damages for personal injuries inflicted…
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ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. Nos. 213, 214 October Term 1888, Sup. Ct.; court below,f Nos. 631, 632 September Term 1887, C. P. No. 1. To the first Monday September, 1887, two actions in trespass! were brought against the Pittsburgh & Lake Erie Railroad Company, one by Alfred Marland, a minor, by his father and next friend, Henry Marland, and the other by the father, Henry Marland, in trespass to recover damages for personal injuries inflicted upon Alfred Marland. Issue. At the trial of the causes together on April 16, 1888, before Stowe, P. J., the testimony…
1Opinion of the Court
Opinions,
Mr. Justice Green:
On the trial of this case the plaintiff testified that he stepped upon the track, and was instantly struck and injured. It is true he said he looked up and down the track and saw nothing ; but it is necessarily true, also, that if he made use of his eyesight he must have seen the approaching train. He could not possibly look along the track in the direction of the approaching train and fail to see it, since his presence on the track and the collision were simultaneous. We have pronounced emphatically upon such facts in several of our recent cases.
In Carroll v. The…
2Cases cited2 opinions
- Penn. R. v. BellSupreme Court of Pennsylvania · 1888
- Moore v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1885
3Cited by32 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Dando v. BrobstSupreme Court of Pennsylvania · 1935
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
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