Messinger v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 44, Jan. T., 1906, by defendant, from judgment of O. P. Erie Co., Feb. T., 1905, No. 30, on verdict for plaintiff in case of M. B. Messinger v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Thomas, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $6,000. Defendant appealed.
Read the full summary
Appeal, No. 44, Jan. T., 1906, by defendant, from judgment of O. P. Erie Co., Feb. T., 1905, No. 30, on verdict for plaintiff in case of M. B. Messinger v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Thomas, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $6,000. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We agree with the statement of the rule of law set out in the argument of the learned counsel for appellant wherein it is said to be the absolute, imperative and unbending duty of a person about to cross the tracks of a railroad at grade, to stop, look and listen. It must be conceded also that it is not a compliance with this rule to stop at a point where the traveler cannot see, and it is his duty to continue to use care in approaching and even crossing the tracks, and in some instances a performance of his duty may require the driver to get out of his wagon and…
2Cases cited4 opinions
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Hanna v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1906
- Roberts v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1896
- Beach v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
3Cited by12 opinions
- Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
- Sharpless v. Delaware, Lack. & West. R. R.Supreme Court of Pennsylvania · 1926
- Johnson v. Director General of RailroadsSupreme Court of Pennsylvania · 1924
- Razzis v. Philadelphia & Reading Ry. Co.Supreme Court of Pennsylvania · 1922
7 more not listed; retrieve them via the Exa API.