Legal Opinion

Wheelock v. Erie Railroad

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 173PublishedCited by 3 opinions

Appeal, No. 173, April T., 1915, by defendant, from judgment of C. P. Crawford Co., Nov. T., 1913, No. 64, on verdict for plaintiff in case of D. D. Wheelock v. Erie Railroad Company. . Trespass to recover damages for injuries to plaintiff’s horse. Before Prather, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $250. Defendant appealed.

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Appeal, No. 173, April T., 1915, by defendant, from judgment of C. P. Crawford Co., Nov. T., 1913, No. 64, on verdict for plaintiff in case of D. D. Wheelock v. Erie Railroad Company. . Trespass to recover damages for injuries to plaintiff’s horse. Before Prather, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $250. Defendant appealed. Error assigned was refusal to give binding instructions for defendant.

1Opinion of the Court

Opinion by

Trexler, J.,

The facts as stated by the lower court were as follows: “The driver of the plaintiff’s team, traveling upon a public road, approached a railroad crossing at grade, and, observing a team drawing a loaded wagon on the same public road approaching the railroad crossing from the opposite direction, stopped on the public highway, about 100 feet from the crossing, to allow the passing of the loaded team, and, when the loaded team, without negligence, came upon the crossing, it was struck by defendant’s train, operated in a negligent manner, and a part of its load consisting of…

2Cases cited4 opinions

  1. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  2. Wood v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  3. McCaughey v. American Ice Co.Superior Court of Pennsylvania · 1911
  4. Johnson v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914

3Cited by3 opinions

  1. Boggs v. Jewell Tea Co.Supreme Court of Pennsylvania · 1920
  2. Mellon Et Ux. v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1924
  3. Mellon v. Lehigh Valley Railroad, Pennsylvania Court of Common Pleas, Northampton County1923

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