Legal Opinion

Follmer v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided July 1, 1914No. Appeal, No. 69PublishedCited by 7 opinions

Appeal, No. 69, Jan. T., 1914, by plaintiff, from judgment of C. P. Northumberland Co., May T., 1913, No. 482, on directed verdict for defendant in case of Lewis L. Follmer v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Moser, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed.

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Appeal, No. 69, Jan. T., 1914, by plaintiff, from judgment of C. P. Northumberland Co., May T., 1913, No. 482, on directed verdict for defendant in case of Lewis L. Follmer v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Moser, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed. Error assigned, among others, was in directing a verdict for defendant.

1Opinion of the Court

Opinion by

Mr. Chief Justice Fell,

On one side of the borough street on which the plaintiff was riding in an automobile with members of his family, his view of the defendant’s road south, in the direction from which a train was coming, was cut off by factory buildings and a high board fence until a point-was reached at the end of the fence, fourteen feet from the first track. On the space intervening between the *369fence and the track there was a watch box, four and a half feet square that stood one foot and a half from the fence; Beyond this box there was an unobstructed view south of several…

2Cases cited5 opinions

  1. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
  2. Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
  3. Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
  4. North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
  5. Mankewicz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1906

3Cited by7 opinions

  1. Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
  2. Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
  3. Cathcart v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
  4. Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
  5. Peoples v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916

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