Clinger v. Director General of Railroads
Supreme Court of Pennsylvania
Appeal, No. 443, Jan. T., 1921, by defendant, from judgment of C. P. Mifflin Co., May T., 1920, No. 61, on verdict for plaintiff, in case of Miles C. Clinger, for himself and for use of Atlantic Refining Co., v. John Barton Payne, Director General of Railroads, agent United States Railroad Administration. Trespass for personal injuries. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,924.56. Defendant appealed.
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Appeal, No. 443, Jan. T., 1921, by defendant, from judgment of C. P. Mifflin Co., May T., 1920, No. 61, on verdict for plaintiff, in case of Miles C. Clinger, for himself and for use of Atlantic Refining Co., v. John Barton Payne, Director General of Railroads, agent United States Railroad Administration. Trespass for personal injuries. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $5,924.56. Defendant appealed. Errors assigned, were (1) refusal to submit to the jury certain questions to be answered by them in writing, and to be returned with their…
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
Plaintiff was injured in a collision between defendant’s locomotive and a large motor truck he was driv*90ing, while crossing defendant’s single-track railroad, operated by it longitudinally along the middle of Chestnut Street, in the Borough of Lewistown. Chestnut Street is crossed at right-angles by Pine Street, and, partly owing to the tracks of the railroad being laid in the center of Chestnut Street, the grade of Pine Street as it approaches Chestnut Street sharply ascends, which required plaintiff, who was driving on Pine Street, to operate his truck in low…
2Cases cited4 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Bush v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911
- Keinath v. BullockSupreme Court of Pennsylvania · 1920
- Bond v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
3Cited by5 opinions
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- Pitcairn v. WhitesideIndiana Court of Appeals · 1941
- Cranston v. Baltimore & O. R. Co.Court of Appeals for the Third Circuit · 1940
- Bixby v. Pickwick Stage Co.California Court of Appeal · 1933
- Cloud v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1921