Baughman v. Shenango & Allegheny Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October and November Term 1879, No. 186. Case by William Baughman against the Shenango and Allegheny Railroad Company, to recover damages for an injury to a horse and wagon, alleged to have been caused by the negligence of defendants. The Shenango and Allegheny Railroad crosses the public highway leading from Mercer to Franklin, about two miles distant from Mercer.
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Error to the Court of Common Pleas of Mercer county: Of October and November Term 1879, No. 186. Case by William Baughman against the Shenango and Allegheny Railroad Company, to recover damages for an injury to a horse and wagon, alleged to have been caused by the negligence of defendants. The Shenango and Allegheny Railroad crosses the public highway leading from Mercer to Franklin, about two miles distant from Mercer. During the winter of 1877, the crossing at this point was out of repair. The plank on the inside of the rail had become worn or misplaced, so as to leave an open space four…
1Opinion of the CourtJustice Paxson
The first assignment of error is not sustained. The evidence offered to show the value of the harness and buggy was properly rejected. The plaintiff had already testified that they belonged to W. H. Reed, who had loaned them to him. It was not error therefore for the learned judge to say, that Reed was the proper person to sue for the alleged injury to said articles. A recovery by the plaintiff would have been no bar to a suit by the owner.
The second and third assignments present a graver question. The court below nonsuited the' plaintiff upon the ground that he did not stop and look and…
2Cited by5 opinions
- Naugle v. Reading CompanySuperior Court of Pennsylvania · 1941
- Smith v. Philadelphia Transportation Co.Superior Court of Pennsylvania · 1963
- Jennings v. Susquehanna & New York R. R.Superior Court of Pennsylvania · 1924
- Ginsburg v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1946
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918