Lehigh Valley Railroad v. Brandtmaier
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1886, No. 392. This was an action of trespass on the case brought by Ludwig Brandtmaier against the Lehigh Valley Railroad Company to recover damages for injuries sustained by the alleged negligence of the defendant in running their ears at a public street crossing in White Haven whereby he was run into. Plea, not guilty.
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Error to the Court of Common Pleas of Luzerne county: Of January Term 1886, No. 392. This was an action of trespass on the case brought by Ludwig Brandtmaier against the Lehigh Valley Railroad Company to recover damages for injuries sustained by the alleged negligence of the defendant in running their ears at a public street crossing in White Haven whereby he was run into. Plea, not guilty. The following facts appeared on the trial before Rice, P. ,J. On -the evening of March 3d, 1886, about 8.45 o’clock the plaintiff attempted to cross the railroad track of the defendant with his horses and…
1Opinion of the CourtJustice Clark
It is the duty of a railroad company, in the running of its ■trains, to exercise care according to the circumstances, and where the railroad track crosses a much travelled street or highway, the company, as well as the public, is bound to exercise a degree of care reasonably commensurate with the danger. It is the duty of the c’ompany, on the one hand, to give some sufficient notice of the train’s approach, and to moderate the speed of the train to such rate as, under the circumstances, is reasonably consistent with the public safety; on the other hand, it is the imperative duty of the…
2Cited by20 opinions
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- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Mastel v. WalkerSupreme Court of Pennsylvania · 1914
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Gowan v. McAdooSupreme Court of Minnesota · 1919
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