Pennsylvania Railroad v. McTighe
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action on the case, by James McTighe against The Pennsylvania Railroad Company, to recover damages for an injury done to bis person by the negligence of the defendants in permitting freight cars to stand upon the public street.
Read the full summary
Error to the Common Pleas of Allegheny county. This was an action on the case, by James McTighe against The Pennsylvania Railroad Company, to recover damages for an injury done to bis person by the negligence of the defendants in permitting freight cars to stand upon the public street. The material facts of the case were these: — On the day the plaintiff was injured, three or more of defendants’ freight cars were permitted to stand on the defendants’ track, on the north side of Liberty street, in the city of Pittsburgh, from a point near Wayne street, along in front of warehouses occupied by…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1864, by
Thompson, J.
In Beatty v. Gilmore, 4 Harris 463, the plaintiff in error, who had been defendant below, complained of the court for charging that the onus of showing the exercise of proper diligence and care was not on the plaintiff, but that the want of it lay upon the party averring it. In regard to that, this court. said, “ it was perhaps of little consequence whether in this particular the court was right orwrong, since the plaintiff’s fall into the area was witnessed by many persons who testified to the incidents attending it, and…
2Cases cited1 opinion
- Luce v. SnivelySupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Alexander v. . StatesvilleSupreme Court of North Carolina · 1914
- Alexander v. City of StatesvilleSupreme Court of North Carolina · 1914