Bond v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 390, Jan. T., 1908, by defendant, from judgment of C. P. Chester Co., Aug. T., 1906, No. 27, on verdict for plaintiff in case of Winfield S. Bond v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Hemphill, P. J. The facts appear by the opinion of the Supreme Court. Defendant presented the following point: 1. Under all the evidence in the case, the verdict must be for the defendant.
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Appeal, No. 390, Jan. T., 1908, by defendant, from judgment of C. P. Chester Co., Aug. T., 1906, No. 27, on verdict for plaintiff in case of Winfield S. Bond v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Hemphill, P. J. The facts appear by the opinion of the Supreme Court. Defendant presented the following point: 1. Under all the evidence in the case, the verdict must be for the defendant. Answer: Refused. [3] Plaintiff presented this point: 1. If the jury believe that defendant was guilty of negligence, in running the freight train at the public…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
When this case was here before (218 Pa. 34) we held, in reversing the judgment for the defendant n. o. v., that it could not have been taken from the jury. On the second trial the verdict was again for the plaintiff on what the learned and careful trial judge, in his opinion refusing judgment for the defendant, said was practically the same testimony as that *463given by the plaintiff on the first trial. If this is so, the appeal of the defendant is to be regarded as having been taken for the purpose of rearguing the case before us. The only difference which its…
2Cases cited1 opinion
- Bond v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Clinger v. Director General of RailroadsSupreme Court of Pennsylvania · 1921