Hayman v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 273, Jan. T., 1905, by defendant, from judgment of C. P. No. 4, Phila. Go., June T., 1904, No. 631, on verdict for plaintiff in case of William Hay-man v. The Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Audenried, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,000. Defendant appealed.
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Appeal, No. 273, Jan. T., 1905, by defendant, from judgment of C. P. No. 4, Phila. Go., June T., 1904, No. 631, on verdict for plaintiff in case of William Hay-man v. The Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Audenried, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,000. Defendant appealed. Error assigned among others was in not entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The controlling question in this case is whether the facts developed at the trial bring the plaintiff within section 1 of the Act of April 4, 1868, P. L. 58. The section is as follows: “ When any person shall sustain personal injury or loss of life while lawfully engaged or employed on or about the roads, works, depots or premises of a railroad company, or on or about any train or car therein or thereon, of which company said person is not an employee, the right of action and recovery in all such cases against the company shall be such as would exist if such person…
2Cases cited6 opinions
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
- Kirby v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1875
- Stone v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
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