Pollack v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 208, Jan. T., 1904, by defendant, from judgment of C. P. No. 5, Philadepliia Co., June T., 1903, No. 2505, on verdict for plaintiff in case of Stephen Pollack v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Davis, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,250. Defendant appealed. ■Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
Joseph Pollack, the plaintiff, a minor, nine years of age, was seriously injured by slipping or falling from a box car in a freight train belonging to defendant company, under the following circumstances:
The defendant has its tracks laid on Delaware avenue in the city of Philadelphia. On the evening of June 27, 1908, a number of box freight cars were standing upon defendant’s tracks on said avenue. Joseph Pollack, with four other boys, on the afternoon of that day climbed on the top of these cars and was playing on and about them. Just a few moments before .the…
2Cases cited1 opinion
- Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1901
3Cited by12 opinions
- Frederick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1939
- Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Slother v. JaffeSupreme Court of Pennsylvania · 1947
- Walsh v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- Perrin v. Glassport Lumber Co.Supreme Court of Pennsylvania · 1923
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