Bardis v. Philadelphia & Reading Ry.
Supreme Court of Pennsylvania
Appeal, No. 168, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1917, No. 2869, on verdict for defendant, in case of John Bardis to the use of Midvale Steel & Ordnance Company and John Bardis v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Wessel, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The trial judge gave binding instructions for defendant.
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Appeal, No. 168, Jan. T., 1920, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1917, No. 2869, on verdict for defendant, in case of John Bardis to the use of Midvale Steel & Ordnance Company and John Bardis v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Wessel, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The trial judge gave binding instructions for defendant. Plaintiff appealed. Error assigned was, inter alia, instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
If we assume defendant was negligent, there is not the shadow of a doubt but that plaintiff was likewise negligent. The evidence shows plaintiff was assisting, with six others, in moving a carload of coal from between two tracks of the Midvale Steel & Ordnance Company into the gas plant of that company. As relating to the accident : Track No. 1 was a short sidetrack or spur from track No. 2. The coal from a car on track No. 1 was piled between these tracks, shoveled into wheelbarrows and hauled up an incline into the gas plant. The place where the men worked was…
2Cases cited5 opinions
- Zandt v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1915
- Sweatman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1919
- Cunningham v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
- Keller v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
- Barrage v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1915
3Cited by27 opinions
- Gentile v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1922
- Fornelli v. Penna. R. R. Co.Supreme Court of Pennsylvania · 1932
- Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
- Kolich v. Monongahela Railway Co.Supreme Court of Pennsylvania · 1931
- Zayc v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1940
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