Worthington v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1902, by •defendant, from judgment of C. P. Delaware Co., Sept. T., 1900, No. 175, on verdict for plaintiff, in case of John Worthington et al. v. Philadelphia & Reading Railway Company. Trespass to recover the value of horses tilled at a grade, crossing. Before Johnson, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1432.15. Defendant appealed.
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Appeal, No. 111, Oct. T., 1902, by •defendant, from judgment of C. P. Delaware Co., Sept. T., 1900, No. 175, on verdict for plaintiff, in case of John Worthington et al. v. Philadelphia & Reading Railway Company. Trespass to recover the value of horses tilled at a grade, crossing. Before Johnson, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1432.15. Defendant appealed. Error assigned was in entering judgment for plaintiff on a point reserved as to whether there was any evidence in the cáse on which plaintiff…
1Opinion of the Court
Opinion by
Orlady, J.,
The only question raised by this appeal is founded upon *196the refusal of the court below to give binding instructions to find for the defendant. From an examination of the testimony it appears that the accident occurred at a grade crossing where the persons in control of the team stopped, looked and listened, at a point fifty to seventy-five feet distant from the railroad; that the extra or special train (consisting of first a caboose, then the engine and behind it the tender), approached the crossing at a rate of speed at least equal to twenty-five miles an hour; that…
2Cases cited2 opinions
- Newman v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1902
- Newton v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901