Pyne v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 280, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1901, No. 590, on verdict for plaintiff in case of James Pyne v. Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 280, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1901, No. 590, on verdict for plaintiff in case of James Pyne v. Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows : [It was the duty of the company to give proper warning at a proper place of the approach of the passenger train. If the company through its servants performed that duty on this occasion, in the usual way, by blowing a whistle,…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
The answer of the appellant to the claim of the appellee is, first, that there was no negligence on part of defendant, and second, there was such contributory negligence by the plaintiff as to prevent his recovery in this action. The accident occurred *147at a grade crossing familiar to both parties. It was the duty of the appellant to use due care and caution in running its engine and hauling its train at this point, and to give suitable and timely warning of the approach thereof, by ringing a bell, blowing a whistle, or giving other danger signals. Did it meet this…
2Cases cited4 opinions
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
- Rusterholtz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1899
3Cited by1 opinion
- Chesapeake & Ohio Railway Co. v. ChapmanSupreme Court of Virginia · 1913