Summers v. Bloomsburg & Sullivan Railroad
Superior Court of Pennsylvania
Appeal, No. 62, Jan. T., 1903, by defendant, from judgment of C. P. Columbia Co., May T., 1900, No. 69, on verdict for plaintiff in case of William E. Summers v. Bloomsburg and Sullivan Railroad Company. Trespass to recover damages for personal injuries and for the death of a mule. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff seeks to recover damages for injuries received in a grade crossing accident and obtained a verdict and judgment in the court below. The appellant now contends that the court below erred in submitting the case to the jury, because : first, the evidence failed to established the negligence of the defendant company, and, second, it did establish the contributory negligence of the plaintiff. The accident occurred *617in the night-time at a point where a public highway of the town of Bloomsburg obliquely intersects the tracks of the defendant company. The…
2Cases cited10 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Jennings Bros. & Co. v. BealeSupreme Court of Pennsylvania · 1893
5 more not listed; retrieve them via the Exa API.