Cauley v. Pittsburgh, Cincinnati & St. Louis Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 197. These were two actions on the case, one by John H. Cauley, a minor, by his father and next friend, John Cauley, and the other by the father, the said John Cauley, against the Pittsburgh, Cincinnati and St. Louis Railway Company, to recover damages for injuries to said minor, and loss of service, &c., caused .by the alleged negligence of the company’s servants.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 197. These were two actions on the case, one by John H. Cauley, a minor, by his father and next friend, John Cauley, and the other by the father, the said John Cauley, against the Pittsburgh, Cincinnati and St. Louis Railway Company, to recover damages for injuries to said minor, and loss of service, &c., caused .by the alleged negligence of the company’s servants. The defendants pleaded “Not guilty.” The docket entries in both cases were the same, and they were tried'together. At the trial,…
1Opinion of the CourtJustice Paxson
It was said by Mr. Justice Strong in Philadelphia & Reading Railroad Company v. Hummell, 8 Wright, at page 278 : “ It is time it should be understood in this state that the use of a railroad track, cutting or embankment is exclusive of the public everywhere except where a way crosses it.” The same doctrine has been reiterated again and again in subsequent cases. In Mulherin v. Delaware, Lackawanna & Western Railroad Company, 31 P. F. Smith 366, it was said: “Except at crossings, where the public have a right of way, a man who steps his foot upon a railroad track does so at his peril. The…
2Cited by21 opinions
- K.H. v. J.R.Supreme Court of Pennsylvania · 2003
- K.H. v. J.R.Supreme Court of Pennsylvania · 2003
- Conn v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Rodgers v. LeesSupreme Court of Pennsylvania · 1891
16 more not listed; retrieve them via the Exa API.