Sheehan v. Phila. & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 223, July T., 1894, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 194, entering compulsory nonsuit. Trespass for personal injuries. Before Reed, J. At the trial it appeared that plaintiff, a boy eighteen years of age, on June 10,1892, was struck by defendant’s train at the intersection of Eleventh and Nevada streets, in Philadelphia.
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Appeal, No. 223, July T., 1894, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 194, entering compulsory nonsuit. Trespass for personal injuries. Before Reed, J. At the trial it appeared that plaintiff, a boy eighteen years of age, on June 10,1892, was struck by defendant’s train at the intersection of Eleventh and Nevada streets, in Philadelphia. Plaintiff’s evidence tended to show that the gates were always lowered and only raised when a vehicle approached •to cross. It did not appear that the view of the track was obstructed at the point of the accident.…
1Opinion of the Court
Per Curiam,
That the plaintiff went upon the track of the railroad immediately in front of an approaching train is conclusively proved by the fact of the' collision. We have so often ruled that this is negligence, no matter what the plaintiff said about his stop *356ping, looking and listening, that it is unnecessary to cite the authorities by anything more than the merest reference: Carroll v. R. R., 12 W. N. 348; Moore v. R. R., 108 Pa. 349; Marland v. R. R., 123 Pa. 487; Myers v. R. R., 150 Pa. 386. There are many others to the same effect. Upon this view only of the plaintiff’s case the…
2Cases cited4 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Moore v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1885
- Cleary v. Phila. etc. R. Co.Supreme Court of Pennsylvania · 1891
3Cited by3 opinions
- Witiak v. Delaware & H. R. Corp.District Court, M.D. Pennsylvania · 1945
- Witiak v. Delaware & Hudson R. R.Court of Appeals for the Third Circuit · 1946
- Wysochansky v. Delaware & Hudson RailroadCourt of Appeals for the Third Circuit · 1949