Douglass v. New York Central & Hudson River Railroad
Supreme Court of Pennsylvania
Appeal, No. 63, Jan. T., 1904, by plaintiff, from judgment of C. P. Clearfield Co., May T., 1903, No. 129, on verdict for defendant in case of Wilbur F. Douglass v. New York Central and Hudson River Railroad Company, Lessee. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. At the trial binding instructions were given for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 63, Jan. T., 1904, by plaintiff, from judgment of C. P. Clearfield Co., May T., 1903, No. 129, on verdict for defendant in case of Wilbur F. Douglass v. New York Central and Hudson River Railroad Company, Lessee. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. At the trial binding instructions were given for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Thompson,
As the injury received by appellant and for which this suit was brought was not immediately caused by a defect in the ma*130chinery about which he had been working he was not entitled to recover. Appellant was, at the time of the accident, in the employment of the appellee as a locomotive engineer and had been so employed for upwards of ten years. The oil pipe of the locomotive which he was then running had burst just at the point where it came out from under or through the jacket of the boiler near the smokestack. This pipe was used to carry oil from a reservoir…
2Cases cited3 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
- West Mahanoy Township v. WatsonSupreme Court of Pennsylvania · 1887
3Cited by5 opinions
- Bruggeman v. City of YorkSupreme Court of Pennsylvania · 1917
- Rhad v. Duquesne Light Co.Supreme Court of Pennsylvania · 1917
- Columbus Hoop Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1918
- Loeb v. Allegheny CountySuperior Court of Pennsylvania · 1958
- Neri v. Atlantic Refining Co.Superior Court of Pennsylvania · 1917