Prutzman v. Lackawanna & Wyoming Valley Railroad
Superior Court of Pennsylvania
Appeal, No. 7, March Term, 1914, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1908, No. 123, on verdict for plaintiff in case of William Prutzman v. Lackawanna & Wyoming Valley Railroad Company. Trespass to recover damages for personal injuries. Before Strauss, J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $100. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Trexler, J.,
The only question to determine in this case is whether the court below committed error in refusing to declare the plaintiff guilty of contributory negligence. The accident occurred at a grade crossing in the city of Wilkes-Barre. The crossing forms part of a private way leading to a gas manufacturing plant. The defendant company operates an interurban electric road running from Wilkes-Barre to Scranton. The plaintiff having left the gas plant was about to drive his team across the railroad. His view of the railroad was shut off by a wall, located about four feet from the…
2Cases cited9 opinions
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
- Talley v. Chester Traction Co.Supreme Court of Pennsylvania · 1910
- Pennsylvania Railroad v. AckermanSupreme Court of Pennsylvania · 1873
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