Steele v. Lake Shore & Michigan Southern Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 4, Oct. T., 1912, by defendant, from judgment of O. P. Yenango Co., Jan. T., 1911, No. 3, on verdict for plaintiff, in' tbe case of Charles A. Steele v. The Lake Shore, and Michigan Southern Railway Company. Trespass to recover damages for personal injuries.
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Appeal, No. 4, Oct. T., 1912, by defendant, from judgment of O. P. Yenango Co., Jan. T., 1911, No. 3, on verdict for plaintiff, in' tbe case of Charles A. Steele v. The Lake Shore, and Michigan Southern Railway Company. Trespass to recover damages for personal injuries. Before Criswell, P. J. It appeared by the evidence in this case that at the point where the accident occurred, the defendant railway company maintained three tracks, one being a sidetrack used for the storage of cars; that there were two permissive crossings, one crossing the tracks at the foot of a set of steps constructed…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The questions involved in the case were questions of fact, and having been properly submitted to the jury, we see no ground for reversing the judgment entered on the verdict. The jury were justified in finding under the evidence that the place at which the plaintiff was injured was a permissive crossing. In fact, the evidence did not warrant a contrary finding. It is conceded that there was a permissive crossing directly opposite the top of the stairway leading up from the pump station and another such crossing about 150 feet west thereof. The plaintiff was…
2Cases cited1 opinion
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
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- Tiers v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
- DiMarco v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1936
- Erie R. v. KazaneckiCourt of Appeals for the Third Circuit · 1925
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