Legal Opinion

Loughlin v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 31, 1913No. Appeal, No. 258PublishedCited by 12 opinions

Appeal, No. 258, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 3, Philadelphia Co., March T., 1906, No. 559, refusing to take off nonsuit in case of Theresa Loughlin, by her. next friend and father John L. Loughlin, and John L. Loughlin in his own fight, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Davis, J. The opinion of the Supreme Court states the facts.

Read the full summary

Appeal, No. 258, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 3, Philadelphia Co., March T., 1906, No. 559, refusing to take off nonsuit in case of Theresa Loughlin, by her. next friend and father John L. Loughlin, and John L. Loughlin in his own fight, v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Davis, J. The opinion of the Supreme Court states the facts. The court entered a nonsuit which it subsequently refused to take Off. Plaintiff appealed. Error assigned was the refusal to take off the nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This is an appeal from the refusal of the trial'court to take off a judgment-of compulsory nonsuit. From the testimony of the plaintiffs, it appears that on Sunday *176afternoon, March 12, 1905, Theresa Loughlin, a child nine years of age was with some companions walking down Lehigh avenue, where the defendant, the Pennsylvania Railroad Company, maintains along and upon the public street a railroad track over which it operates freight trains. Two young boys of the party picked up from the railroad track in the street two torpedoes which had not been exploded, and…

2Cases cited4 opinions

  1. Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
  2. Wood v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  3. Power v. HarlowMichigan Supreme Court · 1885
  4. Finkbeiner v. SolomonSupreme Court of Pennsylvania · 1909

3Cited by12 opinions

  1. Whitner v. LojeskiSupreme Court of Pennsylvania · 1970
  2. O'Malley v. Laurel Line Bus Co.Supreme Court of Pennsylvania · 1933
  3. McMillen v. SteeleSupreme Court of Pennsylvania · 1923
  4. Fehrs v. McKeesportSupreme Court of Pennsylvania · 1935
  5. MENDOLA v. SambolSuperior Court of Pennsylvania · 1950

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API