Philadelphia & Reading Railroad v. Hummell
Supreme Court of Pennsylvania
ERROR to the District Court of Philadelphia. I This was an action on the case brought for Charles Hummel by his next friend, John Hummel, against The Philadelphia and Reading Railroad Company, to recover damages for an injury done to plaintiff upon a siding or track belonging to the Mine-hill Railroad Company, in Schuylkill county, which was constructed by them for the purpose of receiving certain cars, which were thereon assorted by the employees of the defendants.: The…
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ERROR to the District Court of Philadelphia. I This was an action on the case brought for Charles Hummel by his next friend, John Hummel, against The Philadelphia and Reading Railroad Company, to recover damages for an injury done to plaintiff upon a siding or track belonging to the Mine-hill Railroad Company, in Schuylkill county, which was constructed by them for the purpose of receiving certain cars, which were thereon assorted by the employees of the defendants.: The declaration charged that the injury was caused by the carelessness, misdirection, and mismanagement of the defendants by…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
There is but a single question in this case. It is whether any evidence was given at the trial tending to prove that the hurt of the plaintiff was caused by the negligence or want of ordinary care of the defendants. All other questions were correctly disposed of by the learned judge who presided in the District Court. What is ordinary care, and what is negligence, are inquiries, in most cases, to be answered by a jury; but negligence is not to be found without evidence. There is always a presumption against it, and therefore a plaintiff who…
2Cited by47 opinions
- Durning v. HymanSupreme Court of Pennsylvania · 1926
- Wagner v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Skeen Et Vir v. Stanley Co. of AmericaSupreme Court of Pennsylvania · 1949
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Izzi v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
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