Legal Opinion

Enright v. Pittsburg Junction Railroad

Supreme Court of Pennsylvania

Decided January 5, 1903No. Appeal, No. 80PublishedCited by 5 opinions

Appeal, No. 80, Oct. T., 1902, by defendant, from judgments of C. P. No. 3, Allegheny Co., Aug. T., 1899, No. 363, on verdict for plaintiff in case of Patrick Enright, in his own right, and Joseph Enright, by his Father and Next Friend, Patrick Enright, v. Pittsburg Junction Railroad Company. Trespass to recover damages for personal injuries.

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Appeal, No. 80, Oct. T., 1902, by defendant, from judgments of C. P. No. 3, Allegheny Co., Aug. T., 1899, No. 363, on verdict for plaintiff in case of Patrick Enright, in his own right, and Joseph Enright, by his Father and Next Friend, Patrick Enright, v. Pittsburg Junction Railroad Company. Trespass to recover damages for personal injuries. Before Evans, J. For prior report of the case, see 198 Pa. 166. At the trial it appeared that the plaintiff, a boy about eleven years old, was injured on the afternoon of Sunday, September 5, 189T, while on a moving freight car. The conflicting testimony…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

When this ease was here before, 198 Pa. 166, on appeal from *548the refusal to take off a compulsory nonsuit, we held, in reversing the court below, that under the facts proven, the defendant company was negligent. On this appeal, the right of Joseph Enright, the minor, to recover is not questioned, if his testimony is to be believed; but we are asked to reverse the judgment in favor of the father on the ground of his contributory negligence and to send the case back for another trial on the boy’s claim for alleged errors in the charge of the trial judge.

The…

2Cases cited2 opinions

  1. Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1901
  2. Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874

3Cited by5 opinions

  1. Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
  2. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  3. Ferrell v. Dixie Cotton MillsSupreme Court of North Carolina · 1911
  4. Devoine Co. v. International Co.Court of Appeals of Maryland · 1927
  5. Ferrell v. . Cotton MillsSupreme Court of North Carolina · 1911

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