Kirby v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October and November Term 1874, No. 290. This was an action on the case, commenced January 30th 1873, by James Kirby against The Pennsylvania Company operating The Erie and Pittsburg Railroad.
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Error to the Court of Common Pleas of Mercer county: Of October and November Term 1874, No. 290. This was an action on the case, commenced January 30th 1873, by James Kirby against The Pennsylvania Company operating The Erie and Pittsburg Railroad. The cause of action alleged was the injury to the plaintiff by the negligence of the defendants’ servants in allowing a train of cars to run against the train on which the plaintiff was lawfully employed, throwing him off his train by the shock and seriously injuring him. The testimony taken and filed by the court having been lost or mislaid, the…
1Opinion of the CourtChief Justice Agnew
The Sharon and Greenfield Railroad is a coal railway, terminating above grade near to a side track of the Erie and Pittsburg Railroad. The cars of the latter are run out upon the side track to receive the coal from the former, by means of schutes from above. The plaintiff was employed, not by the Erie and Pittsburg Railroad Company, or its lessees, but by others, to assist in running the coal through the schutes into the cars below, standing on the side track. While so engaged, and standing on a car, directing the movement of the coal into the car, a train of cars laden with limestone,…
2Cited by8 opinions
- Freezer Storage, Inc. v. Armstrong Cork Co.Superior Court of Pennsylvania · 1975
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Stoll v. Pacific Coast S. S. Co.District Court, W.D. Washington · 1913
- Yarrington v. Delaware & Hudson Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906
- Hayman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
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