McCafferty v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 125, Oct. T., 1899, by defendant, from judgment of O. P. Butler Co., Sept. T., 1896, No. 42, on verdict for plaintiff. Trespass for personal injuries. Before Greer, P. J. Charles McCafferty, the deceased, on April 1, 1896, was a lawful passenger on the defendant’s cars.
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Appeal, No. 125, Oct. T., 1899, by defendant, from judgment of O. P. Butler Co., Sept. T., 1896, No. 42, on verdict for plaintiff. Trespass for personal injuries. Before Greer, P. J. Charles McCafferty, the deceased, on April 1, 1896, was a lawful passenger on the defendant’s cars. He took the train at Sarver station for Allegheny city, and after proceeding a few miles, a rail was broken, the car in which he was riding and another derailed, turned over, and he was thereby injured. He was treated at once by a physician, taken to Allegheny city5 and in the evening returned to Sarver station,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
On the question of the defendant’s negligence the case was clearly for the jury. The accident was caused by a broken rail. This rail had been in use for sixteen years as the outside rail on a sharp curve, and had been worn by the flanges of the car wheels so that its weight had been reduced from sixty to fifty-five pounds per yard. It had been broken some months before the accident, and had been repaired by the use of splices or side bars, and admittedly it was greatly weakened by both the wear and the fracture. In the face of this testimony it is idle to say that…
2Cases cited8 opinions
- Birch v. Pittsburg, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1895
- Pennsylvania Railroad v. ButlerSupreme Court of Pennsylvania · 1868
- Maher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
- Huntingdon & Broad Top Railroad v. DeckerSupreme Court of Pennsylvania · 1877
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Incollingo v. EwingSupreme Court of Pennsylvania · 1971
- Pezzulli v. D'AmbrosiaSupreme Court of Pennsylvania · 1942
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- Regan v. DavisSupreme Court of Pennsylvania · 1927
40 more not listed; retrieve them via the Exa API.