Coleman v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 44, Jan. T., 1913,: by defendant, from judgment of C. P. No. 4, Philadelphia. Co., June T., 1909, No. 3157, on verdict for plaintiff in case of Bessie G. Coleman v. Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband.
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Appeal, No. 44, Jan. T., 1913,: by defendant, from judgment of C. P. No. 4, Philadelphia. Co., June T., 1909, No. 3157, on verdict for plaintiff in case of Bessie G. Coleman v. Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Carr, J. Plaintiff’s decedent was a porter on a Pullman car,forming part of section 1 of train 21 on defendant’s railroad on the 23d of January, 1909. While on the said car, discharging Ms duties as a porter in the employ of the Pullman Company, he was killed at Summerhill, Pa., by a rear end collision with the…
1Opinion of the Court
Opinion by
Mr. Justice Stewaet,
The general rule that no contract, condition, or limitation will relieve a carrier from liability to a passenger for the consequence of its own negligence or the negligence of its servants, is not open to question, and we need not delay to cite cases in which such contracts have been held to be void as offending against public policy. The contention on part of the appellant is, that the rule does not apply, for the reason that the plaintiff’s husband did not stand in the relation of passenger to the defendant company, and that, as to him, defendant was not a…
2Cases cited5 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Sandford v. Railroad Co.Supreme Court of Pennsylvania · 1855
- Lackawanna & Bloomsburg Railroad v. ChenewithSupreme Court of Pennsylvania · 1866
- Lockhart v. LichtenthalerSupreme Court of Pennsylvania · 1864
3Cited by6 opinions
- Thomas v. First Nat. Bank of ScrantonSupreme Court of Pennsylvania · 1954
- Caplan v. PittsburghSupreme Court of Pennsylvania · 1953
- Murray v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
- Rogers v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Neves v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1928
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