Legal Opinion

Rogers v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided February 3, 1919No. Appeal, No. 69PublishedCited by 5 opinions

Appeal, No. 69, Jan. T., 1919, by defendant, from judgment of C. P. No. 1, Philadelphia Co., March T., 1916, No. 536, on verdict for plaintiff in case of Joseph M. Bogers v. Philadelphia & Beading Railway Company. Trespass to recover damages for personal injuries.

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Appeal, No. 69, Jan. T., 1919, by defendant, from judgment of C. P. No. 1, Philadelphia Co., March T., 1916, No. 536, on verdict for plaintiff in case of Joseph M. Bogers v. Philadelphia & Beading Railway Company. Trespass to recover damages for personal injuries. Before Shoemaker, J. See Bogers v. Philadelphia & Beading By., 260 Pa. 430. The court charged in part as follows: [We have to find in the first instance that this defendant company was negligent in the manner in which their servant acted in placing that stool in a position in which it was apparently customary for porters to place…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

Plaintiff, Josepn M. Rogers, sued the Philadelphia & Reading Railway Company, alleging negligence, which caused him physical injuries, and recovered a verdict; judgment was entered thereon and defendant has appealed.

On a prior appeal by plaintiff, from a judgment of nonsuit (Rogers v. P. & R. Ry. Co., 260 Pa. 430), we ruled, as to Rogers’s alleged contributory negligence, that, “on the case as developed, it was for a jury to say whether appellant had exercised due care under the circumstances.” The contention now is that “the record in the case at bar is a…

2Cases cited2 opinions

  1. Amos v. Delaware River Ferry Co.Supreme Court of Pennsylvania · 1910
  2. Rogers v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918

3Cited by5 opinions

  1. Pratt v. SteinSuperior Court of Pennsylvania · 1982
  2. O'Brien v. Public Service Taxi Co.District Court, M.D. Pennsylvania · 1949
  3. Dixon v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1930
  4. Onderko v. LM General Insurance CompanyDistrict Court, M.D. Pennsylvania · 2021
  5. SURMAN v. PAYNEDistrict Court, W.D. Pennsylvania · 2023

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