Floyd v. Philadelphia & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 352, Jan. T., 1894, by plaintiff, Gatharine Floj'd, from judgment of C. P. No. 4, Phila. Co., March T., 1892, No. 210’, on verdict for defendant. Trespass for personal injuries. Plaintiff’s evidence tended to establish: That the accident happened Aug. 8, 1891, about 7:80 P. M. as plaintiff was driv ing westward on Main street, Lansdale. The first crossing was that of the Doylestown branch. The crossing of the main line is some 60 feet further.
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Appeal, No. 352, Jan. T., 1894, by plaintiff, Gatharine Floj'd, from judgment of C. P. No. 4, Phila. Co., March T., 1892, No. 210’, on verdict for defendant. Trespass for personal injuries. Plaintiff’s evidence tended to establish: That the accident happened Aug. 8, 1891, about 7:80 P. M. as plaintiff was driv ing westward on Main street, Lansdale. The first crossing was that of the Doylestown branch. The crossing of the main line is some 60 feet further. The distance between the outside rails of both crossings is some 12,5 feet. Plaintiff testified that the flagman waved for her to cross.…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The direct and immediate cause of the injury of the plaintiff was the fright, and the running away, of the horse that was drawing the carriage in which the plaintiff and her friend were riding. There was no negligence alleged, or proved, in the running of the train, and there was no collision on the railroad. The fright of the horse was alleged by the plaintiff to have been occasioned by the act of warning by the flagman to prevent the ladies from driving across the main line immediately in front of an approaching train, and it was founded upon the *35negative…
2Cases cited3 opinions
- Brown v. FrenchSupreme Court of Pennsylvania · 1883
- Hestonville, Mantua, & Fairmount Passenger Railroad v. KelleySupreme Court of Pennsylvania · 1883
- Sekerak v. JutteSupreme Court of Pennsylvania · 1893
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- Peabody v. Northern Pacific Railway Co.Montana Supreme Court · 1927
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Louisville & Nashville Railroad v. WrightCourt of Appeals of Kentucky · 1921
- Bogovich v. Chicago, Milwaukee, St. Paul Pacific Rr.Montana Supreme Court · 1949
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