Legal Opinion

Crary v. Lehigh Valley Railroad

Supreme Court of Pennsylvania

Decided October 13, 1902No. Appeal, No. 59PublishedCited by 10 opinions

Appeal, No. 59, Jan. T., 1902, by plaintiff, from judgment of C. P. Luzerne Co., March T.,T897, No. 160, on verdict for defendant, in case of Erasmus D. Crary v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Savidg-e, P. J., specially presiding.

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Appeal, No. 59, Jan. T., 1902, by plaintiff, from judgment of C. P. Luzerne Co., March T.,T897, No. 160, on verdict for defendant, in case of Erasmus D. Crary v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Savidg-e, P. J., specially presiding. At the trial it appeared that on July 4, 1896, plaintiff purchased and accepted a reduced rate excursion ticket between Wilkes-Barre and New York, on which was indorsed an assumption of risk by the passenger. While he was seated next to the window in a car, the door of a freight car on a passing train became…

1Opinion of the Court

Opinion by

Mr. Justice Bbown,

On July 3, 1896, the plaintiff purchased, at a reduced rate, from the Lehigh Valley Railroad Company, a ticket, designated an “ employee’s excursion ticket.” It was for a passage from Wilkes-Barre to New York-and return. Upon it there was the following, among other conditions : “ The person accepting and using this ticket, thereby assumes all risk of accident and damage to person or property.” There was nothing on the ticket requiring that it be signed by the passenger to make the conditions upon which it was issued binding upon him ; but it was accepted by him…

2Cases cited14 opinions

  1. Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
  2. Laing v. ColderSupreme Court of Pennsylvania · 1848
  3. Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
  4. Wells v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
  5. Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Turek, Admrx. v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1949
  2. Doyle v. Central RailroadSuperior Court of Pennsylvania · 1911
  3. Rowdin v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
  4. Ridge v. Erie Railroad Co.Superior Court of Pennsylvania · 1913
  5. Jacobs v. Central RailroadSupreme Court of Pennsylvania · 1904

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