Peoples v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 86, Oct. T., 1915, by plaintiff, from judgment of C. P. Armstrong Co., March T., 1914, No. 104, for defendant n. o. v. in case of D. M. Peoples v. Pennsylvania Railroad Company, a corporation under the laws of Pennsylvania. Trespass to recover damages for personal injuries.
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Appeal, No. 86, Oct. T., 1915, by plaintiff, from judgment of C. P. Armstrong Co., March T., 1914, No. 104, for defendant n. o. v. in case of D. M. Peoples v. Pennsylvania Railroad Company, a corporation under the laws of Pennsylvania. Trespass to recover damages for personal injuries. Before King, P. J. The facts appear in the opinion of the Supreme Court, Verdict and judgment for plaintiff for $3,916.00. The court subsequently ordered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was in entering judgment for .defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this case the court below entered judgment for the defendant on the ground that the plaintiff was guilty of contributory negligence in failing to “stop, look and listen” before driving across the railroad track, upon which he was struck. That he did not stop, as he came up to the track, is conceded; but it is contended that, as the crossing was over a private siding, and was not over the main track of the railroad, the general rule does not apply. To sustain his contention, counsel for appellant relies on a statement in the opinion in Ash v. Wilmington &…
2Cases cited6 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Aiken v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
- Follmer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Ash v. Wilmington & Northern R. R.Supreme Court of Pennsylvania · 1892
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3Cited by5 opinions
- Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Peruzzi v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1930
- Highton v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1938
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918