Legal Opinion

Rowdin v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided April 11, 1904No. Appeal, No. 273PublishedCited by 5 opinions

Appeal, No. 273, Jan. T., 1903, by plaintiff, from judgment of C. P. No.-l, Phila. Co., Sept. T., 1901, No. 1768, on verdict for defendant in case of J. B. Rowdin v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries.

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Appeal, No. 273, Jan. T., 1903, by plaintiff, from judgment of C. P. No.-l, Phila. Co., Sept. T., 1901, No. 1768, on verdict for defendant in case of J. B. Rowdin v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Beitlek, J. The court charged as follows : The plaintiff here was riding upon what was equivalent to a free pass; that is to say, he had paid no fare and was not, in the ordinary sense of the word, a passenger upon the road of the Pennsylvania Railroad Company. He had signed a contract, or rather I do not know whether he had signed it, but he…

1Opinion of the Court

Opinion by

Mr. Justice Mestbezat,

J. B. Rowdin, the plaintiff, was employed by C. E. Quinton to accompany and superintend the shipment of two horses over the defendant’s road from Wissahickon Heights, in Pennsylvania, to Trenton, New Jersey. On the morning of August 26, 1901, the horses were putin a carat Wissahickon Heights and were taken to Chestnut Hill station on defendant’s road. Here the plaintiff alighted from the car, and a bill of lading was given him by the defendant’s agent in which it was “ mutually agreed, in consideration of the rate of freight hereinafter named,” that the…

2Cases cited3 opinions

  1. Pennsylvania Railroad v. HendersonSupreme Court of Pennsylvania · 1866
  2. Pennsylvania Railroad v. PriceSupreme Court of Pennsylvania · 1881
  3. Crary v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902

3Cited by5 opinions

  1. Strohl v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1921
  2. Kirkendall v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1912
  3. Tripp v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1917
  4. Howard v. American Express Co.Superior Court of Pennsylvania · 1911
  5. Stewart v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1908

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