Waltosh v. Penna. R. R.
Supreme Court of Pennsylvania
Appeal, No. 149, Oct. T., 1917, by plaintiff, from order of C. P. Cambria Co., Sept. T., 1913, No. 248, refusing to take off a nonsuit, in case of William Waltosh v. Pennsylvania Railroad Company, a corporation. Trespass to recover damages for personal injuries. Before Stephens,P. J. The tracks referred to by number in the opinion of the Supreme Court are the main tracks. Track No. 4 is the last main track in the direction in which plaintiff was proceeding.
Read the full summary
Appeal, No. 149, Oct. T., 1917, by plaintiff, from order of C. P. Cambria Co., Sept. T., 1913, No. 248, refusing to take off a nonsuit, in case of William Waltosh v. Pennsylvania Railroad Company, a corporation. Trespass to recover damages for personal injuries. Before Stephens,P. J. The tracks referred to by number in the opinion of the Supreme Court are the main tracks. Track No. 4 is the last main track in the direction in which plaintiff was proceeding. Further facts appear by the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit, which the court in banc…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Counsel for appellant complains of the refusal of the court below to take off a judgment of compulsory nonsuit, which was entered upon the ground that plaintiff did not “stop, look and listen” before entering upon a grade crossing of defendant’s railroad, and was, therefore, guilty of contributory negligence.
It appears from the evidence that, at the place where the accident occurred, the defendant company maintains six tracks. Approaching the railroad from the south, at that point, as did plaintiff, one would find two side tracks, then an open space some…
2Cases cited6 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Coolbroth v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
- Howard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1908
- Witmer v. Bessemer & Lake Erie R. R.Supreme Court of Pennsylvania · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
- Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Ehrhart v. York Rys. Co.Supreme Court of Pennsylvania · 1932
- Baker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1952
8 more not listed; retrieve them via the Exa API.