Cumberland Valley Railroad v. Myers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county'. This was an action on the case brought to August term, 1861, by Nicholas A. Myers, against the Cumberland Valley Railroad Company, for injury received by the plaintiff, as he alleged by the negligence of the defendants’ agents.
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Error to the Court of Common Pleas of Cumberland county'. This was an action on the case brought to August term, 1861, by Nicholas A. Myers, against the Cumberland Valley Railroad Company, for injury received by the plaintiff, as he alleged by the negligence of the defendants’ agents. The plaintiff was the conductor on the freight train of Henderson & Myers, and on the 4th of February 1860, the defendants were by their engine drawing these cars: immediately behind Henderson’s, were cars belonging to Mr. Bryson, which were to be delivered at his switch at Mechanicsburg. There was evidence that…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1867, by
Agnew, J.
— The question now presented is not the same as it was when this case was here before. The error which the court below then fell into was in instructing the jury in substance that the plaintiff could recover: notwithstanding his own fault, want of skill or awkwardness, and notwithstanding there was no negligence or unskilfulness on the part of the engineer, if the mode of detaching the cars was unnecessary and a useless exposure of person. But on the second trial the judge avoided these objections and answered all of the…
2Cited by2 opinions
- Wischam v. Rickards, Pennsylvania Court of Common Pleas, Philadelphia County1890
- Furby v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1926