Legal Opinion

Kerrigan v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided December 30, 1899No. Appeal, No. 135PublishedCited by 19 opinions

Appeal, No. 135, Oct. T., 1899, by defendant, from judgment of C. P. No. 1, Allegheny County, March T., 1898, No. 51, on verdict for plaintiff. Trespass for personal injuries. Before Slagle, J. The circumstances of the accident are stated in the opinion of the Supreme Court.

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Appeal, No. 135, Oct. T., 1899, by defendant, from judgment of C. P. No. 1, Allegheny County, March T., 1898, No. 51, on verdict for plaintiff. Trespass for personal injuries. Before Slagle, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court, under objection and exception, admitted in evidence 2 Scribner on Dower (ed. of 1883) pp. 811, 812, 818, containing the Carlisle and other tables, for the purpose of showing the expectancy of life of the plaintiff, also for the purpose of showing the value of an annuity on his life. [2] The court charged in…

1Opinion of the Court

Opinion by

Me. Justice Dean,

The plaintiff, a brakeman on the Pennsylvania railroad, while coupling cars, on December 19,1895, on a side track of the company in the city of Pittsburg, had his right arm crushed. He *102alleged that there was an open hole or drain eight to ten inches deep between two ties at the point where he was injured and that, not knowing of the existence of the hole, in attempting to perform his duty of coupling, he fell, and in falling threw up his arm which was caught between the bumpers and crushed. Averring negligence on the part of the company in leaving thus exposed a…

2Cases cited5 opinions

  1. Steinbrunner v. Pittsb. etc. Ry. Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  2. County of Chester v. BarberSupreme Court of Pennsylvania · 1881
  3. Kraut v. Frankford & Southwark Phila. City Pass. Ry.Supreme Court of Pennsylvania · 1894
  4. Finnell v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1892
  5. Campbell v. City of YorkSupreme Court of Pennsylvania · 1896

3Cited by19 opinions

  1. Rosche v. McCoySupreme Court of Pennsylvania · 1959
  2. McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
  3. American Ice Co. v. FitzhughCourt of Appeals of Maryland · 1916
  4. Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
  5. McKenna v. Citizens' Natural Gas Co.Supreme Court of Pennsylvania · 1901

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