Winter v. Federal Street & Pleasant Valley Passenger Ry.
Supreme Court of Pennsylvania
Appeal, No. 125, Oct. T., 1892, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1891, No. 20T, on verdict for plaintiff, Robert Winter. Trespass for injuries to horses. At the trial, before White, J., it appeared that, on April 1, 1891, plaintiff was engaged in moving the effects of a Mr. Hershberger to a house on Jackson street in Allegheny city. He had moved everything but a safe during the day.
Read the full summary
Appeal, No. 125, Oct. T., 1892, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1891, No. 20T, on verdict for plaintiff, Robert Winter. Trespass for injuries to horses. At the trial, before White, J., it appeared that, on April 1, 1891, plaintiff was engaged in moving the effects of a Mr. Hershberger to a house on Jackson street in Allegheny city. He had moved everything but a safe during the day. In the evening about eight o’clock, when it was dark, he had the safe on his wagon and made two ineffectual attempts to adjust his wagon to unload, but both times was prevented…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
It was obviously unnecessary for the appellee to drive upon and occupy the railway tracks, as he did, for the purpose of unloading the safe. It was twelve feet and two inches from the curb to the nearest rail, and it sufficiently appears from the evidence produced by him that it was practicable to remove the safe from the wagon to the store without encroaching upon the railway in any manner. It may be conceded, as this evidence shows, that it was easier to make the transfer from the rear end than from the side of the wagon. But it is clear that he needlessly…
2Cited by6 opinions
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
- Brown v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1928
- Holt v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- C. L. Lavine, Inc. v. Phila. R. T. Co.Superior Court of Pennsylvania · 1929
- Thayne v. Scranton Traction Co.Superior Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.