Rusterholtz v. New York, Chicago & St. Louis Railroad
Supreme Court of Pennsylvania
Appeal, No. 359, Jan. T., 1898, by defendant, from judgment of C. P. Erie Co., May T., 1895, No. 226, on verdict for plaintiff. Trespass for personal injuries. Before Walling, P. J. The facts appear by the opinion of the Supreme Court. At the trial, George Miller, a witness for plaintiff, testified: “ Q. You say you were through there the morning after he was hurt? A. Yes, sir.
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Appeal, No. 359, Jan. T., 1898, by defendant, from judgment of C. P. Erie Co., May T., 1895, No. 226, on verdict for plaintiff. Trespass for personal injuries. Before Walling, P. J. The facts appear by the opinion of the Supreme Court. At the trial, George Miller, a witness for plaintiff, testified: “ Q. You say you were through there the morning after he was hurt? A. Yes, sir. Q. What was the condition of the cars, as to being in the street or not, at that time ? A. I should judge they were in the street, as far as within eight feet of each side of the wheel track. Q. About what distance…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Upon its facts this is a very close case, but the only question *400of law now presented which, is at all doubtful is whether the case should have been taken from the jury on the ground of the contributory negligence of the plaintiff. The plaintiff’s allegation of negligence was that the defendant had allowed its cars to stand at a crossing of a public street in such a position as to be dangerous to travelers. In proof of this allegation and of his injury he produced testimony tending to show that, for a number of days immediately preceding the accident, the defendant’s…
2Cases cited2 opinions
- Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
3Cited by7 opinions
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Olson, Admrx. v. SwainSuperior Court of Pennsylvania · 1948
- Kramer v. Standard Steel Car Co.Supreme Court of Pennsylvania · 1924
- Pyne v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1905
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