Baltimore & Ohio Railroad v. Schwindling
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Allegheny county; Of October Term 1882, No. 10. Case, by William Schwindling, a minor, by his next friend Peter Schwindling against the Baltimore and Ohio Railroad Co. to recover damages for injuries to plaintiff alleged to have been caused by the negligence of defendant’s servants.
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Error to the Court of Common Pleas No. 1, of Allegheny county; Of October Term 1882, No. 10. Case, by William Schwindling, a minor, by his next friend Peter Schwindling against the Baltimore and Ohio Railroad Co. to recover damages for injuries to plaintiff alleged to have been caused by the negligence of defendant’s servants. On the trial, before Collier, J.,' the following facts appeared : Plaintiff, who was at the time of the accident between five and six years of age, lived with his parents at Osceola, a small station on the line of the defendant company’s railroad. On the day of the…
1Opinion of the CourtJustice Green
At the time the plaintiff received his injury he was standing on the platform of the defendant, so close to its edge that, according to the theory upon which the case was tried for the plaintiff, he was struck by a slight projection from the side of a passing freight car. He was not a passenger, he had no business of any kind with the defendant or any of its agents or employees, in fact he was a boy about five or six years of age amusing himself, looking at the moving train. He was not invited upon the platform by any agent of the defendant, and he was not engaged in the act of crossing…
2Cases cited2 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
3Cited by28 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Heller v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1920
- Rodgers v. LeesSupreme Court of Pennsylvania · 1891
- Horen v. DavisSupreme Court of Pennsylvania · 1922
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