Legal Opinion

Howard v. Baltimore & Ohio Railroad

Supreme Court of Pennsylvania

Decided January 6, 1908No. Appeal, No. 92PublishedCited by 18 opinions

Appeal, No. 92, Oct. T., 1907, by defendant, from judgment of C. P. Washington Co., Aug. T., 1906, No. 111, on verdict for plaintiff in case of J. E. Howard v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $2,708.33. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action to recover damages for injuries sustained by plaintiff,, to himself and his property, while crossing the tracks of the defendant company at grade, near Finleyville, Pa. The appellant does not question the sufficiency of the evidence as to the negligence of the employees of the railroad company, but it contends that the plaintiff was guilty of contributory negligence. The trial judge declined to give binding instructions for the defendant, and submitted the questions of negligence and contributory negligence to the jury. The only question…

2Cited by18 opinions

  1. Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
  2. Mills v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1925
  3. Ehrhart v. York Rys. Co.Supreme Court of Pennsylvania · 1932
  4. Baker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1952
  5. Harris v. Reading CompanySupreme Court of Pennsylvania · 1936

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