Kitchen v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 89, Jan. T., 1911, by defendant, from judgment of C. P. Warren Co., Sept. Term, 1910, No. 7, on verdict for plaintiff in case of William Kitchen v. Pennsylvania Railroad Company. Trespass for personal injuries. Before Hinckley, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $3,850. Defendant appealed. Error assigned was in refusing defendant’s point for binding instructions.
1Opinion of the Court
Per Curiam,
The testimony in support of the plaintiff’s case clearly required its submission to the jury. The plaintiff approached the crossing of the defendant’s road where there were three tracks. The first was an unoccupied switch, on the second track there stood a long freight train composed of thirty-five or forty cars, which blocked his way. He waited near the first track between five and ten min*605utes, in a temperature several degrees below zero, when a brakeman walked back from the engine, uncoupled the cars and signaled the engineer, who drew a part of the train off of the crossing.…
2Cases cited1 opinion
- Guthrie v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1908