Legal Opinion

Dunn v. Philadelphia & Reading Railway Co.

Superior Court of Pennsylvania

Decided March 7, 1917No. 1; Appeal, No. 53PublishedCited by 1 opinion

Appeal, No. 53, Oct. T., 1915, by defendant, from judgment of O. P. No. 2, Philadelphia Co., March T., 1914, No. 382, on verdict for plaintiff in case of James P. Dunn, by his father and next friend James Dunn, and James Dunn v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Barratt, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 53, Oct. T., 1915, by defendant, from judgment of O. P. No. 2, Philadelphia Co., March T., 1914, No. 382, on verdict for plaintiff in case of James P. Dunn, by his father and next friend James Dunn, and James Dunn v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Barratt, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for James P. Dunn for $100 and for James Dunn for $235. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Williams, J.,

Plaintiff, a boy about fifteen years of age, claiming that he was shot in the heel by a special officer of the defendant company, brought this action to recover damages for the injuries resulting therefrom.

The plaintiff testified that he was crossing the defendant’s tracks on his way from his home to a place of amusement; that he was in the habit of using this crossing daily; that it was an usual place of crossing; that some one called out to him to “watch” or something, he could not tell what; that he-turned to see who it was when two men came from behind a freight…

2Cases cited4 opinions

  1. Geiger v. MaddenSuperior Court of Pennsylvania · 1915
  2. Zimmerman v. Adams Express Co.Supreme Court of Pennsylvania · 1913
  3. Collins v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1916
  4. Susko v. Harleigh-Brookwood Coal Co.Supreme Court of Pennsylvania · 1914

3Cited by1 opinion

  1. Kayser v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Philadelphia County1928

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