Perry v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeals, Nos. 77 and 86, Oct. T., 1909, by plaintiff and defendant, from judgment of C. P. No. 3,'Phila. Co., June T., 1905, No. 2,155, on verdict for plaintiff in case of Robert D. Perry v. Pennsylvania Railroad Company. Trespass to recover damages for ejection from train and for false arrest. Before McMichael, P. J. ' The facts are stated in the opinion of the Superior Court.
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Appeals, Nos. 77 and 86, Oct. T., 1909, by plaintiff and defendant, from judgment of C. P. No. 3,'Phila. Co., June T., 1905, No. 2,155, on verdict for plaintiff in case of Robert D. Perry v. Pennsylvania Railroad Company. Trespass to recover damages for ejection from train and for false arrest. Before McMichael, P. J. ' The facts are stated in the opinion of the Superior Court. The trial judge charged as follows: [I think the law, as settled by the highest courts of this state, as applied to this case, is that this defendant, Perry, was not a passenger.] [2] The reasons for that are given in…
1Opinion of the Court
Opinion by
Porter, J.,
We have in this case appeals from the judgment of the court below by both plaintiff and defendant, and, as the conclusion at which we have arrived requires the entry of but one judgment, both appeals may be considered in the same opinion. The questions raised by the specifications of error in the appeal by the plaintiff, at No. 86, October Term, 1909, of this court, will first be considered. The plaintiff in this action of trespass filed a statement averring that, “ On the fifth day of May, 1905, he was lawfully and peaceably in and upon a certain passenger train of the…
2Cases cited15 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- MacDonald v. SchroederSupreme Court of Pennsylvania · 1906
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Pittsburg & Connellsville Railroad v. PillowSupreme Court of Pennsylvania · 1875
- Pennsylvania Railroad v. PriceSupreme Court of Pennsylvania · 1881
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