Harvey v. Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 2, Oct. T., 1903, by plaintiff, from order of O. P. Venango Co., Jan. T., 1903, No. 39, refusing to take off nonsuit in case of Scott Harvey by Ms next friend, Thomas B. Harvey v. Erie Railroad Company. Trespass to recover damages for personal injuries. Before Criswell, P. J. The facts appear by the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff, riding on a one-horse dray on a narrow street, stopped, looked and listened when within eighteen or twenty feet of a railroad crossing with which he was familiar. At this place he could see east 250 or 300 feet in the direction from which a train was approaching. The view of the tracks to the east extended as he approached them and at a distance of eight feet from them he could have seen east for more than 1,000 feet. *97He drove on without looking again to the east until his horse was on the first track, when he saw a train 100 feet from him running at…
2Cases cited1 opinion
- Gangawer v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Baltimore & O. R. v. WoodCourt of Appeals for the Third Circuit · 1916
- Borofsky v. West Jersey & Seashore R. R.Superior Court of Pennsylvania · 1917
- Harvey v. Erie RailroadSupreme Court of Pennsylvania · 1904