Bunting v. Penn. R.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 84 October Term 1887, Sup. Ct.; court below, No. 760 December Term 1885, C. P. No. 1. This was an action in case instituted June 8, 1886, by Henry C. Bunting against the Pennsylvania Railroad Company, the lessee of and operating the South West Pennsylvania Railroad, to recover damages for personal injuries caused by negligence.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 84 October Term 1887, Sup. Ct.; court below, No. 760 December Term 1885, C. P. No. 1. This was an action in case instituted June 8, 1886, by Henry C. Bunting against the Pennsylvania Railroad Company, the lessee of and operating the South West Pennsylvania Railroad, to recover damages for personal injuries caused by negligence. Another like action by H. C. Bunting and Phoebe J. Bunting, his wife, for injuries to the wife, was instituted and tried at the same time. At the trial on December 23, 1886, it was made to appear that…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
This case does not need extended discussion. The jury have found upon abundant evidence that the plaintiff was not injured by the negligence of the defendant company, but by that of a third party. Unless that result was produced by the admission of improper evidence, or by erroneous instructions to the jury upon the law, the plaintiff has no case.
A careful examination of the numerous assignments fails to disclose error of either description. The defendant’s road at the point where the accident occurred is crossed at grade by another road belonging to the Lemont…
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