Trout v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 274, Oct. T., 1916, by plaintiff, from judgment of O. P. Lancaster Co., Nov. T., 1914, No. 38, on verdict for plaintiff in case of Park H. Trout v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries and injuries to an automobile. Before Hassler, J. The opinion of the Superior Court states the case. Verdict and judgment for f500. . Plaintiff appealed. Errors assigned were (1-21) various instructions.
1Opinion of the Court
Opinion by
Trexler, J.,
There are a number of assignments of error directed to the language which the learned trial judge employed in his charge to the jury. They have reference to the testimony in regard to the engineer blowing the whistle, the rate of speed of the engine, the distance at which the train could be seen, and the state of the weather and to the rules which the plaintiff was bound to observe before crossing the tracks. All these cease to be material in the present state of the case. The verdict of the jury presupposes that the defendant was negligent and that the plaintiff was…
2Cases cited4 opinions
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Boggess v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1912
- Gilmore v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Jones v. Pennsylvania Co.Superior Court of Pennsylvania · 1915