Toban v. Lehigh & Wilkes-Barre Coal Co.
Superior Court of Pennsylvania
Appeal, No. 34, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., March T., 1900, No. 260, on verdict for plaintiff in case of J. T. Toban v. Lehigh & Wilkes-Barre Coal Company. Trespass to recover damages for personal injuries. Before Wheaton, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused to give binding instructions for defendant. Yerdict and judgment for plaintiff for $301. Defendant appealed.
Read the full summary
Appeal, No. 34, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., March T., 1900, No. 260, on verdict for plaintiff in case of J. T. Toban v. Lehigh & Wilkes-Barre Coal Company. Trespass to recover damages for personal injuries. Before Wheaton, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused to give binding instructions for defendant. Yerdict and judgment for plaintiff for $301. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff was seated in a covered wagon driving a two-horse team along a public road with which he was familiar *476when about forty feet distant from a grade crossing he stopped his team and looked for a train. Not seeing any he proceeded on a down grade without making another stop and entered upon the crossing, when his team was struck by a train of cars which was being pushed by an engine. The railroad was a narrow gauge mine road, the crossing was located on a sharp curve, in a cut; where, according to the testimony of the plaintiff and several of his witnesses, the…
2Cases cited6 opinions
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Seifred v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Laib v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Wilson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Newman v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.