Kohler v. Pennsylvania R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY. No. 50 January. Term 1890, Sup. Ct.; court below, No. 58 September Term 1888, C. P. On August 15, 1888, James A. Kohler brought trespass against the Pennsylvania Railroad Company, to recover damages for personal injuries alleged to have been suffered by the plaintiff through the negligence of the defendant. The plea was not guilty.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY. No. 50 January. Term 1890, Sup. Ct.; court below, No. 58 September Term 1888, C. P. On August 15, 1888, James A. Kohler brought trespass against the Pennsylvania Railroad Company, to recover damages for personal injuries alleged to have been suffered by the plaintiff through the negligence of the defendant. The plea was not guilty. At the trial on September 18,1889, the following facts were shown upon the part of the plaintiff : The plaintiff was a commercial traveler, in the habit of coming in the course of business to…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The plaintiff testified that when he heard his train coming ho went out to the station platform, looked to the east and listened, and, finding no indication of a train from that quarter, he walked in a diagonal or “ angling ” direction, across the nearest track, to meet his train coming from the west. The space between the tracks was planked for some distance in front of the station, *356for the convenience of passengers who were expected to use this way of getting to and from the ears. There was no presumption of negligence, therefore, in plaintiff’s crossing the…
2Cited by45 opinions
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- Danko v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Baker v. IrishSupreme Court of Pennsylvania · 1896
- Pierce's v. B. & O. RailroadWest Virginia Supreme Court · 1925
- Dinan v. Supreme Council of Catholic Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1906
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