Legal Opinion

Hayes v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 26, 1900No. Appeal, No. 254PublishedCited by 4 opinions

Appeal, No. 254, Jan. T., 1899, by defendant, in suit of Honora V. Hayes v. The Pennsylvania Railroad Co., from judgment C. P. No. 1, Phila. Co., Dec. T., 1897, No. 411, on verdict for-plaintiff. Trespass for personal injuries. Before Biddle, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 254, Jan. T., 1899, by defendant, in suit of Honora V. Hayes v. The Pennsylvania Railroad Co., from judgment C. P. No. 1, Phila. Co., Dec. T., 1897, No. 411, on verdict for-plaintiff. Trespass for personal injuries. Before Biddle, P. J. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) that the entire charge of the trial judge was inadequate in failing to instruct the jury that defendant was not an insurer of travel on the bridge, but that its duty to the public was that of ordinary care; (2) that the entire charge of the trial judge was inadequate in…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This action was brought by líonora V. Hayes to recover damages for injuries which she alleges she sustained by reason of the negligence of the Pennsylvania Railroad Company in failing to keep in repair a bridge on Forrest street in Conshohocken borough, Montgomery county. The defendant company, in the construction of its Schuylkill Valley Branch in 1884, cut down the bed of Forrest street and erected this bridge to span its tracks at that point. The bridge has since been maintained and kept in repair by the company.

On the evening of November 30, 1897, at about…

2Cases cited2 opinions

  1. Reichenbach v. RuddachSupreme Court of Pennsylvania · 1889
  2. Lerch v. BardSupreme Court of Pennsylvania · 1896

3Cited by4 opinions

  1. Kelchner v. Nanticoke BoroughSupreme Court of Pennsylvania · 1904
  2. Faulkner v. Delph Spinning Co.Supreme Court of Pennsylvania · 1914
  3. Sankey v. YoungSupreme Court of Pennsylvania · 1952
  4. Sankey v. YoungSupreme Court of Pennsylvania · 1952

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