Crowley v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeals, Nos. 131 and 132, Jan. Term, 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1905, No. 2,092, on verdict for plaintiff in case of Mary Crowley and Edward Crowley, by Mary Crowley, Ms next friend, v. The Pennsylvama Railroad Company. Trespass to recover damages for personal injuries to a boy fourteen years old. Before Barratt, J. The facts are stated in the opinion of the Supreme Court.
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Appeals, Nos. 131 and 132, Jan. Term, 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1905, No. 2,092, on verdict for plaintiff in case of Mary Crowley and Edward Crowley, by Mary Crowley, Ms next friend, v. The Pennsylvama Railroad Company. Trespass to recover damages for personal injuries to a boy fourteen years old. Before Barratt, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for Mary Crowley for $3,000 and for Edward Crowley for $12,000.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The variance between the allegations and proofs, so *288much complained of, is not only more apparent than real, but relates to matters immaterial. It is of no importance by what route the plaintiff approached the crossing where he met with his injuries. What was set out with respect to this in the statement of claim was by way of inducement simply. The material allegations which defendant company was called upon to meet were, that it had for an unreasonable length of time kept at rest a long train of empty coal cars upon Twenty-fifth street in the city of…
2Cases cited2 opinions
- Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- O'Brien v. PhiladelphiaSupreme Court of Pennsylvania · 1906
3Cited by6 opinions
- Windle v. DavisSupreme Court of Pennsylvania · 1922
- Mabray v. Union Pac. R. Co.District Court, D. Colorado · 1933
- Phillips v. DavisCourt of Appeals for the Third Circuit · 1925
- Freed v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1927
- Miller v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1914
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