Kennedy v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 56, Oct. T., 1905, by defendant, from judgment of O. P. Chester Co., Jan. T., 1905, No. 46, on verdict for plaintiff in case of Ellen M. Kennedy v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Butler, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $825. Defendant appealed.
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Appeal, No. 56, Oct. T., 1905, by defendant, from judgment of O. P. Chester Co., Jan. T., 1905, No. 46, on verdict for plaintiff in case of Ellen M. Kennedy v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Butler, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $825. Defendant appealed. Errors assigned among others were (4) in refusing binding instructions for defendant; and (5,6) portions of charge quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Rice, P. J.,
As the assignments of error simply raise the question whether under the evidence the court should have given binding instructions for the defendant, it is not incumbent on us to go farther than to determine whether there was evidence warranting the submission of the case to the jury. Therefore what we *625shall say with regard to the evidence must not be understood as implying a finding of the facts but simply as a statement of facts which the jury could find from the evidence.
On the evening of this accident a body of 400 or 500 students and their followers, preceded by a…
2Cases cited7 opinions
- Rommel v. SchambacherSupreme Court of Pennsylvania · 1887
- Duggan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1893
- Pittsburg & Connellsville Railroad v. PillowSupreme Court of Pennsylvania · 1875
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. HindsSupreme Court of Pennsylvania · 1867
- Graeff v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wood v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Mangini v. Southeastern Pennsylvania Transportation AuthoritySuperior Court of Pennsylvania · 1975
- Rauch v. Pennsylvania Sports & Enterprises, Inc.Supreme Court of Pennsylvania · 1951
- Gerlach Et Ux. v. Pgh. Railways Co.Superior Court of Pennsylvania · 1928
- Greb v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
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