Niebalski v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1915, by plaintiff, from judgment of C. P. Erie Co., Feb. T., 1914, No. 62, on verdict for defendant in case of Sewyern Niebalski v. Pennsylvania Railroad Company, a corporation. Trespass to recover damages for personal injuries. Before Benson, J. Tbe facts appear in the opinion of the Supreme Court. Verdict for defendant and judgment thereon. Plaintiff appealed. Errors assigned were various instructions to the jury:
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass brought by the plaintiff to recover damages for injuries which he sustained while a passenger on the defendant’s train. The plaintiff purchased a ticket for passage over the defendant’s road from Baltimore, Maryland, to Erie, Pennsylvania. He left Baltimore on the evening of January 24, 1913, and occupied a berth in one of the sleeping cars. The following morning he left his berth about seven o’clock, while the train was standing at a point about three miles east of Kane, Pennsylvania, and went forward in the car to the lavatory.…
2Cases cited6 opinions
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Meier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pennsylvania Human Relations Commission v. Alto-Reste Park Cemetery Ass'nSupreme Court of Pennsylvania · 1973
- Bickley v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1917
- Petri v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1937
- Johnston v. Director GeneralSupreme Court of Pennsylvania · 1926
- O'Brien v. Public Service Taxi Co.District Court, M.D. Pennsylvania · 1949