Marfilues v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Jan. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 5,000, on verdict for plaintiff in case of Augustus Marfilues v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Kinsey, J. The circumstances of the accident are set forth in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $10,650. Defendant appealed.
Read the full summary
Jan. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 5,000, on verdict for plaintiff in case of Augustus Marfilues v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Kinsey, J. The circumstances of the accident are set forth in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $10,650. Defendant appealed. Error assigned was in refusing to enter judgment for defendant non obstante veredicto.
1Opinion of the Court
Per Curiam,
February 21, 1910:
At a place where a public highway crossed the defendant’s road diagonally and at grade, planks had been laid between the rails of the tracks to facilitate the passage of vehicles over the roadbed. These planks were parallel to the rails but not close to them; open spaces two or two and a half inches wide and five inches deep had been left between the sides of the planks and the sides of the rails. For what purpose these *283openings had been left or whether they were a part of the original construction did not appear. It was, however, shown by the cross-examination of…
2Cases cited1 opinion
- Phillips v. People's Passenger Railway Co.Supreme Court of Pennsylvania · 1899
3Cited by10 opinions
- Johnson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1960
- Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1921
- Janjanin v. Indiana Harbor Belt RailroadAppellate Court of Illinois · 1951
- Wingert v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Jennings v. Susquehanna & New York R. R.Superior Court of Pennsylvania · 1924
5 more not listed; retrieve them via the Exa API.