Legal Opinion

Klemmer v. Mount Penn Gravity R. R.

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 113PublishedCited by 18 opinions

Appeal, No. 113, Jan. T., 1894, by-defendant, from judgment of C. P. Berks Co., Feb. T., 1892, No. 56, on verdict for plaintiff. Trespass for personal injuries. ■ From the record it appeared that suit was brought on Feb. 5, 1892. On Deo. 5, 1892, defendant pleaded not guilty. The, case was then put on the trial list, and on Jan. 7, 1893, was continued on application of defendant.

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Appeal, No. 113, Jan. T., 1894, by-defendant, from judgment of C. P. Berks Co., Feb. T., 1892, No. 56, on verdict for plaintiff. Trespass for personal injuries. ■ From the record it appeared that suit was brought on Feb. 5, 1892. On Deo. 5, 1892, defendant pleaded not guilty. The, case was then put on the trial list, and on Jan. 7, 1893, was continued on application of defendant. On May 1, 1893, defendant challenged the array of jurors, and renewed the challenge Oct. 16, 1893, specifying the following reasons : (1) The jury list was not filed in the prothonotary office until Aug. 3, 1893,…

1Opinion of the Court

Opinion by

Mb. Justice Dean,

Francis P. Klemmer, the plaintiff, on the 5th of November, 1891, while a passenger on the Mount Penn Gravity Railroad, near Reading, was very seriously and probably permanently injured. The train, consisting of two cars, was running down the incline by gravity, when, from some cause, the brakeman lost control of the brakes'; the consequence was the cars jumped the track and were wrecked. Klemmer, averring negligence on part of the company, brought suit for damages; the issue was tried before Judge Endbich, who, in a brief but very clear and impartial charge-,…

2Cases cited2 opinions

  1. Rolland & Johnston v. CommonwealthSupreme Court of Pennsylvania · 1876
  2. Campbell v. CommonwealthSupreme Court of Pennsylvania · 1877

3Cited by18 opinions

  1. State v. SturdivantSupreme Court of New Jersey · 1959
  2. United States v. MurphyDistrict Court, N.D. New York · 1915
  3. Birgbauer v. &198tna Casualty, Etc., Co.Michigan Supreme Court · 1930
  4. Commonwealth v. RossSuperior Court of Pennsylvania · 1914
  5. Dunn v. United StatesCourt of Appeals for the Fifth Circuit · 1917

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