Englehaupt v. Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1904, by defendant, from judgment of C. P. McKean Co., Feb. T., 1903, No, 119, on verdict for plaintiff in case of John Englehaupt, v. Erie Railroad Company. Trespass to recover damages for personal injuries. Before Bouton, P. J. At the trial it appeared that on November 22, 1892, at about 8 : 30 in the evening plaintiff fell through a bridge in alighting from a train near the station of Riverside.
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Appeal, No. 76, Jan. T., 1904, by defendant, from judgment of C. P. McKean Co., Feb. T., 1903, No, 119, on verdict for plaintiff in case of John Englehaupt, v. Erie Railroad Company. Trespass to recover damages for personal injuries. Before Bouton, P. J. At the trial it appeared that on November 22, 1892, at about 8 : 30 in the evening plaintiff fell through a bridge in alighting from a train near the station of Riverside. The evidence relating to the accident is given in detail in the opinion of the Supreme Court. The court refused binding instructions for defendant, and submitted the case…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
We entirely agree with the learned counsel of the defendant company that under the evidence in this case and the charge of the court, the jury would have been justified in returning a verdict for their client. Pour or five of their witnesses testified that the train carrying the plaintiff stopped at Riverside station; and that he alighted there and after doing so, they saw him on the ground at the station. The learned trial judge instructed the jury that “ if he got off on the ground as testified to by the four witnesses at Riverside (station) safely and then…
2Cases cited1 opinion
- Philad., W. & B. R. v. McCormickSupreme Court of Pennsylvania · 1889
3Cited by14 opinions
- O'Malley v. Laurel Line Bus Co.Supreme Court of Pennsylvania · 1933
- Lyons Et Ux. v. Pittsburgh Rys. Co.Supreme Court of Pennsylvania · 1930
- Bockelcamp v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1911
- Williams v. Reading Co.Court of Appeals for the Third Circuit · 1949
- Diggs v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1907
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