Bowders v. Hagerstown & Frederick Railway Co.
Superior Court of Pennsylvania
Appeal, No. 289, Oct. T., 1917, by defendant, from, judgment of O. P. Franklin Co., Sept. T., 1915, No. 276, on verdict for plaintiff in case of Lewis Bowders v. Hagerstown & Frederick Railway Company.. Trespass to recover damages for cattle killed at a private farm crossing. Before G-illan, J. The court charged in part as follows: Mr. Bowders is a farmer of Antrim Township.' A lane runs through his farm and -crosses this railway track.
Read the full summary
Appeal, No. 289, Oct. T., 1917, by defendant, from, judgment of O. P. Franklin Co., Sept. T., 1915, No. 276, on verdict for plaintiff in case of Lewis Bowders v. Hagerstown & Frederick Railway Company.. Trespass to recover damages for cattle killed at a private farm crossing. Before G-illan, J. The court charged in part as follows: Mr. Bowders is a farmer of Antrim Township.' A lane runs through his farm and -crosses this railway track. He has a perfect right to use that track, that lane at all times, having due regard to the rights of the plaintiff; he has right to travel on it at all times…
1Opinion of the Court
Per Curiam,
The measure of duty of the plaintiff and his employees in using the crossing described in the evidence, was fully and clearly defined in the charge to the jury, and in the answers to the points submitted. These followed the decision of this court in Hanlon v. Philadelphia & West Chester Traction Co., 28 Pa. Superior Ct. 223, and in Kelemenan v. Pittsburgh H.B.& N.C. Ry. Co., 52 Pa. Superior Ct. 52; Rose v. Southern Cambria Ry. Co., 58 Pa. Superior Ct. 142, cases which involved substantially the same questions as presented on this appeal. The ability of the plaintiff’s employees to…
2Cases cited3 opinions
- Hanlon v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1905
- Rose v. Southern Cambria Railway Co.Superior Court of Pennsylvania · 1914
- Clark v. Freeport Clays, Products & Minerals Co.Superior Court of Pennsylvania · 1912