New York Etc. R. Co. v. Enches
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE "WARREN COUNTY. No. 40 January Term 1889, Sup. Ct.; court below, No. 40 December Term 1886, C. P. On October 6, 1886, Laura Encbes brought case against -the New York, Lake Erie & Western Railroad Co., to recover damages for personal injuries charged to the negligence of the defendant company’s employees. Issue.
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ERROR TO THE COURT OE COMMON PLEAS OE "WARREN COUNTY. No. 40 January Term 1889, Sup. Ct.; court below, No. 40 December Term 1886, C. P. On October 6, 1886, Laura Encbes brought case against -the New York, Lake Erie & Western Railroad Co., to recover damages for personal injuries charged to the negligence of the defendant company’s employees. Issue. At the trial on May 14, 1888, the case made, as was claimed, by the testimony on the part of the plaintiff, was as follows: On August 21, 1886, the plaintiff with her mother took passage on a local train of the defendant company from Bear Lake, in…
1Opinion of the Court
Opinion,
Mr. Justice Green:
There was abundant evidence in the cause that the plaintiff got off the car after it had started and while it was in motion. In view of this testimony the defendant’s fourth and fifth points were propounded to the court below. There was no evidence that there was any necessity, apparent or real, for the plaintiff to leave the car while it was in motion, and hence there was no occasion for a qualifying reservation as to the effect of her act of leaving the car while in motion, if the jury believed such to be the fact. We are clearly of opinion therefore that it was…
2Cases cited1 opinion
- Railroad Co. v. AspellSupreme Court of Pennsylvania · 1854
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- Filer v. FilerSupreme Court of Pennsylvania · 1930
- Hess v. MummaSuperior Court of Pennsylvania · 1939
- Gallup v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1928
- Lerner v. BergdollSupreme Court of Pennsylvania · 1925
- Neff v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1899
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