Johnson v. West Chester & Philadelphia Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: No. 176, to January Term 1872. This was an action on the case brought October 1st 1869, by John C. Johnson against The West Chester and Philadelphia Railroad Company, for negligence, by which the plaintiff was thrown from the car of the defendants and lost his arm.
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Error to the Court of Common Pleas of Chester county: No. 176, to January Term 1872. This was an action on the case brought October 1st 1869, by John C. Johnson against The West Chester and Philadelphia Railroad Company, for negligence, by which the plaintiff was thrown from the car of the defendants and lost his arm. The Philadelphia and Baltimore Central Railroad and the defendants had a common platform and station-house at a point called “Baltimore Junction,” the Baltimore railroad being on the south-west side of the platform, and the defendants’ road being on the north-east side; the two…
1Opinion of the Court
The opinion of the court was delivered, January 29th 1872, by
Agnew, J.
This case appears to have been carefully tried by the learned and able judge in the court below. Yet, after an attentive examination, we are led to the conclusion, that the rule of concurrent negligence was held a little too closely against the plaintiff, and the province of the jury rather trenched upon. The judge himself states the well-known rule that, “generally what constitutes negligence in a particular case, is a question for the jury:" Kay v. Pennsylvania R. R. Co., 15 P. F. Smith 273, 274; Pennsylvania Canal Co. v.…
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