North Pennsylvania Railroad v. Rehman
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of trespass on the case, by Charles Rehman against the North Pennsylvania Railroad Company, for negligence. in killing two mules belonging to the plaintiff. The plaintiff’s mules were killed at the crossing of Nicetown; lane and the North Pennsylvania Railroad. The mules had escaped in the night from a pasture adjoining the railroad in which they were kept, the fences of which were proved to be in good order.
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Error to the District Court of Philadelphia. This was an action of trespass on the case, by Charles Rehman against the North Pennsylvania Railroad Company, for negligence. in killing two mules belonging to the plaintiff. The plaintiff’s mules were killed at the crossing of Nicetown; lane and the North Pennsylvania Railroad. The mules had escaped in the night from a pasture adjoining the railroad in which they were kept, the fences of which were proved to be in good order. There was no evidence to show how they had escaped into the road. A witness for the plaintiff testified that he saw them…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
It was conceded in argument, that the law is settled in this state, that if cattle are suffered to run at large, and áre injured or killed on the track of a railroad, without wantonness, or such gross negligence as might amount to the same thing, the owner has no recourse against the company or its servants: Railroad Company v. Skinner, 7 Harris 298.
Two elements are said to exist in this case, which it is supposed modify, or, perhaps, render inapplicable altogether, the rule of that case, so far as it is concerned: namely, that the *106mules…
2Cases cited6 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Dolph v. FerrisSupreme Court of Pennsylvania · 1844
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Perkins v. Eastern RailroadSupreme Judicial Court of Maine · 1849
- Ridge Turnpike Co. v. StoeverSupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kasanovich v. GeorgeSupreme Court of Pennsylvania · 1943
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Tassoni v. LeboutillierSuperior Court of Pennsylvania · 1937
- Devereux v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Clapper v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Blair County1925