Legal Opinion

Lyke v. Lehigh Valley Railroad

Supreme Court of Pennsylvania

Decided April 8, 1912No. Appeal, No. 20PublishedCited by 29 opinions

Appeal, No. 20, Jan. T., 1912, by defendant, from judgment of C. P. Bradford Co., Dec. T., 1907, No. 235, on verdict for plaintiff in case of Prank B. Lyke v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries.

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Appeal, No. 20, Jan. T., 1912, by defendant, from judgment of C. P. Bradford Co., Dec. T., 1907, No. 235, on verdict for plaintiff in case of Prank B. Lyke v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Panning, P. J. At the trial the counsel for the plaintiff made the following offer: “We offer in evidence the stenographer’s notes of testimony in the case of William Ackley against Lehigh Valley Railroad Company, on the 15th day of Pebruary, 1907, beginning at page 94; being the testimony of the plaintiff, a witness called in that case, as to…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The accident alleged to have caused the injury to the plaintiff occurred December 21, 1905; suit was brought October 28, 1907, and the trial was held on Monday 8, 1911. According to the proofs accepted by the jury, the plaintiff and several other men were engaged in unloading a monument and markers from a flat-car of the defendant railroad, which was standing on a siding in a certain yard of that company at Towanda, two boxcars being in close proximity. In some unexplained way the switch from the main track was left open, and the shifting engine used in and…

2Cases cited5 opinions

  1. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
  2. Commonwealth v. KaySuperior Court of Pennsylvania · 1900
  3. State v. . ParishSupreme Court of North Carolina · 1878
  4. Commonwealth v. MillerSuperior Court of Pennsylvania · 1906
  5. Fullmer v. New York Central & Hudson River RailroadSupreme Court of Pennsylvania · 1904

3Cited by29 opinions

  1. Commonwealth v. WilsonSupreme Court of Pennsylvania · 1968
  2. Commonwealth v. GoreSuperior Court of Pennsylvania · 1978
  3. Commonwealth v. HutchinsonSupreme Court of Pennsylvania · 1989
  4. Keefer v. ByersSupreme Court of Pennsylvania · 1960
  5. Commonwealth v. WestwoodSupreme Court of Pennsylvania · 1936

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