Legal Opinion

Burnett v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided May 28, 1896No. Appeal, No. 177PublishedCited by 19 opinions

Appeal, No. 177, Jan. T., 1896, by-defendant, from judgment of C. P. No. 1, Phila. ,Co., Dec. T., 1892, No. 684, on verdict for plaintiff. Trespass for personal injuries. Before Brégx, J. Tbe facts appear by tbe opinion of tbe Supreme Court.

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Appeal, No. 177, Jan. T., 1896, by-defendant, from judgment of C. P. No. 1, Phila. ,Co., Dec. T., 1892, No. 684, on verdict for plaintiff. Trespass for personal injuries. Before Brégx, J. Tbe facts appear by tbe opinion of tbe Supreme Court. At tbe trial tbe court refused defendant’s point which was as follows : As the contract for transportation was made in New Jersey it will be enforced in this state as in-that, and as tbe defendant was released from responsibility by tbe free pass, tbe verdict must be for the defendant: (1885) Brooke v. Western Railroad, 108 Pa. 530; (1889) Forepaugh v.…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The refusal of the court to charge that “ as the contract for transportation was made in New Jersey it will be enforced in this state as in that, and as the defendant was released from responsibility by. the free pass the verdict must be for the defendant,” raises the only question to be considered. The plaintiff was employed by the defendant as a flagman at Trenton, N. J. He applied for and was granted free transportation for himself, his wife and daughter to Elmira, N. Y. He received two passes— one from Trenton to Philadelphia, the terms of which do not appear in…

2Cases cited6 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. Pennsylvania Railroad v. ButlerSupreme Court of Pennsylvania · 1868
  3. Pennsylvania Railroad v. HendersonSupreme Court of Pennsylvania · 1866
  4. Waverly Nat. Bank v. HallSupreme Court of Pennsylvania · 1892
  5. Brown v. Camden & Atlantic RailroadSupreme Court of Pennsylvania · 1877

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3Cited by19 opinions

  1. York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
  2. Musser v. StaufferSupreme Court of Pennsylvania · 1899
  3. Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
  4. Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
  5. Kaufman v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1934

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