Hauser v. Central R. R.
Supreme Court of Pennsylvania
Appeal, No. 29, July T., 1891, by defendant, from judgment of C. P. Lehigh Co., April T., 1890, No. 12, on verdict for plaintiff, Sarah N. Hauser. Trespass for personal injury. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 29, July T., 1891, by defendant, from judgment of C. P. Lehigh Co., April T., 1890, No. 12, on verdict for plaintiff, Sarah N. Hauser. Trespass for personal injury. The facts appear by the opinion of the Supreme Court. Albright, J., charged in part as follows: “ The plaintiff in this case states that when she approached this crossing, and when she was about midway between the canal bridge and the railroad she stopped and she saw a coal train passing down the railroad on the western track, and that she waited until it had passed the station just below — and the station is about…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The testimony in this case exhibits a more than usual combination of defects in the plaintiff’s proofs of the facts necessary to entitle her to a recovery. She was hurt while attempting to cross a railroad track immediately in front of an approaching train. She did not succeed even in getting on the track, because the physical presence of the locomotive, directly in front of her, was an impassable obstacle to her progress across the track. On her examination in chief she gave no account of the actual collision, saying, she did not know what happened.
On her…
2Cases cited4 opinions
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Penn. R. v. BellSupreme Court of Pennsylvania · 1888
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
3Cited by12 opinions
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
- Chicago, Kansas & Western Railroad v. FisherSupreme Court of Kansas · 1892
- Williams v. PittsburghSupreme Court of Pennsylvania · 1944
- Globe Indemnity Co. v. StengerSupreme Court of Colorado · 1927
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