Kelly v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 14, Jan. T., 1901, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1896, No. 63, on trial by court without a jury in ease of John Kelly v. Union Traction Company. Trespass for personal injuries. The ease was tried without a jury under the act of April 22, 1874, by Pennyj'Acker, P. J. The facts appear by the opinion of the Supreme Court. Judgment for plaintiff for $7,500. The defendant appealed.
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Appeal, No. 14, Jan. T., 1901, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1896, No. 63, on trial by court without a jury in ease of John Kelly v. Union Traction Company. Trespass for personal injuries. The ease was tried without a jury under the act of April 22, 1874, by Pennyj'Acker, P. J. The facts appear by the opinion of the Supreme Court. Judgment for plaintiff for $7,500. The defendant appealed. Error assigned was as follows: “ The learned court erred in holding, assuming that the purpose of the act of 1868 was to include city passenger railway companies, that…
1Opinion of the Court
Opinion by
Mb. Justice Mestrezat,
This case was heard and determined by the court below under the act of April 22, 1874. The defense is rested solely upon the Act of April 4, 1868, P. L. 58, Purd. 1604, pis. 6, 7. The first section of the act provides as follows : “ When any person shall sustain personal injury or loss of life while lawfully engaged or employed on or about the roads, works, depots and premises of a railroad company, or in or about any train or car therein or thereon, of which company such person is not an employee, the right of action and recovery in all such cases against the…
2Cases cited2 opinions
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
3Cited by4 opinions
- Keck v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1903
- Delaware & Hudson Co. v. YarringtonCourt of Appeals for the Third Circuit · 1907
- Yarrington v. Delaware & Hudson Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906
- Hunt v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910