Legal Opinion

Allen v. Tuscarora Valley Railroad

Supreme Court of Pennsylvania

Decided July 1, 1910No. Appeal, No. 55PublishedCited by 27 opinions

Appeal, No. 55, Jan. T., 1910, by defendant, from judgment of C. P. Juniata Co., Sept. T., 1904, No. 78, on verdict for plaintiff in case of R. B. Allen v. Tuscarora Valley Railroad Company. Trespass to recover damages for personal injuries. Before Shull, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was the allowance of amendment to statement of claim.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This was an action of trespass at common law, brought July 1, 1904, by the plaintiff, a brakeman in the employ of the defendant company, to recover damages for injuries received in its service while he was in the act of coupling cars. The statement was filed with the praecipe, and averred, inter alia, as follows: “It then and there was the duty of defendant corporation to adopt and use couplings for its cars of ordinary character' and' reasonable safety, according to the usages, habits and ordinary risks of the business, but the defendant corporation, not…

2Cases cited7 opinions

  1. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  2. Exposition Cotton Mills v. Western & Atlantic RailroadSupreme Court of Georgia · 1889
  3. Bolton v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
  4. Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
  5. Wabash Railroad v. BhymerIllinois Supreme Court · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Goldberg v. FriedrichSupreme Court of Pennsylvania · 1924
  2. Hogarty v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
  3. Mays v. United Natural Gas Co.Supreme Court of Pennsylvania · 1920
  4. American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
  5. Callan v. HampleMontana Supreme Court · 1925

22 more not listed; retrieve them via the Exa API.

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