Stone v. Pennsylvania R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 163 July Term 1889, Sup. Ct.; court below, No. 488 December Term 1888, C. P. No. 4. On December 12, 1885, William Stone brought trespass against the Pennsylvania Railroad Company, to recover damages for personal injuries received. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 163 July Term 1889, Sup. Ct.; court below, No. 488 December Term 1888, C. P. No. 4. On December 12, 1885, William Stone brought trespass against the Pennsylvania Railroad Company, to recover damages for personal injuries received. Issue. At the trial on May 15, 1889, the plaintiff introduced testimony claimed by him to establish the following facts: The plaintiff was in the employ of the Atlantic Refining Company. A siding, owned by the refining company ran into their jrard from the tracks of the defendant…
1Per curiam
The jury in this case rendered a verdict for the defendant under a binding instruction from the court below. We are of opinion such instruction was proper. There were no disputed facts. The question was whether the plaintiff came within the act of 1868. This was a question of law for the court.
It appears from the plaintiff’s own testimony that he was injured in doing an act about the cars of the defendant company which was clearly within the line of his duty. The case comes directly within the authority of Mulherrin v. Railroad Co., 81 Pa. 366; Cummings v. Railway Co., 92 Pa. 82; Balt. & O.…
2Cases cited4 opinions
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Balt. & Ohio R. v. ColvinSupreme Court of Pennsylvania · 1888
- Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
- Richter v. Pennsylvania Co.Supreme Court of Pennsylvania · 1883
3Cited by5 opinions
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Vannatta v. Central RailroadSupreme Court of Pennsylvania · 1893
- Weaver v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
- Yarrington v. Delaware & Hudson Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906
- Hayman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906