Barthelmas v. Lake Shore & Michigan Southern Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 139, Jan. T., 1909, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1907, No. 75, for defendant non obstante veredicto in case of William Barthelmas v. The Lake Shore & Michigan Southern Railway Company. Trespass to recover damages for personal injuries. Before Walling, P. J. The circumstances of the accident are set forth in the opinion of the Supreme Court.
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Appeal, No. 139, Jan. T., 1909, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1907, No. 75, for defendant non obstante veredicto in case of William Barthelmas v. The Lake Shore & Michigan Southern Railway Company. Trespass to recover damages for personal injuries. Before Walling, P. J. The circumstances of the accident are set forth in the opinion of the Supreme Court. At the trial the jury rendered a verdict in favor of the plaintiff for $4,877. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff driving west on German street in the city of Erie, in daylight, in a milk wagon, open at the sides and in front, approached a railroad crossing where there were eleven tracks. The first three were sidings, the fourth an exchange freight track, next beyond were four main tracks, the first two being for west-bound trains, the other two for east-bound trains, and beyond, still other sidings. The gate at the entrance to the crossing was open. When he reached this gate he stopped, looked and listened. The place afforded but little if any opportunity for…
2Cases cited8 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Elston v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Sharpless v. Delaware, Lack. & West. R. R.Supreme Court of Pennsylvania · 1926
- Muth v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1930
- Siegel v. New York Central RailroadSuperior Court of Pennsylvania · 1917
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
2 more not listed; retrieve them via the Exa API.