Decker v. Lackawanna & Wyoming Valley Railroad
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1909, by defendant, from judgment of C. P. Lackawanna Co., May T., 1906, No. 851, on verdict for plaintiff in case of Harry P. Decker v. Lackawanna & Wyoming Valley Railroad Company. Trespass to recover damages for false arrest. Before New-comb, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $191.80. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
On May 8, 1906, the plaintiff purchased a ticket at Wilkes-Barre for Scranton and boarded a train of the defendant company for the latter place, which is the terminal of the road. It is alleged that after leaving Wilkes-Barre, the plaintiff and his companions were noisy, offensive and flourishing revolvers. This according to the witnesses of the defendant, though the plaintiff and his witnesses contradicted these averments. When the train arrived at Rocky Glen, which is about fifteen minutes’ ride from Scranton, the conductor left the train and telephoned to Mr. Page,…
2Cases cited5 opinions
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- Grayson v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Connor v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Faust v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1899
- Towanda Coal Co. v. HeemanSupreme Court of Pennsylvania · 1878
3Cited by2 opinions
- Bunting v. GoldsteinSupreme Court of Pennsylvania · 1925
- Perry v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910