Comly v. Pennsylvania Railroad
Supreme Court of Pennsylvania
January Term, 1888, No. 54, E. D., before Gordon, Oh. J., ■Pakson, Sterrett, Green, and.Clark, JJ. Error to the Common Pleas No. 1 of Philadelphia County to review a judgment of 'nonsuit in favor of the defendant in an action on the case. This action was brought by Annie C. Comly against the Pennsylvania Railroad Company, to recover damages for the death of her husband, Washington A. Comly, caused by the alleged negligence of the company defendant.
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January Term, 1888, No. 54, E. D., before Gordon, Oh. J., ■Pakson, Sterrett, Green, and.Clark, JJ. Error to the Common Pleas No. 1 of Philadelphia County to review a judgment of 'nonsuit in favor of the defendant in an action on the case. This action was brought by Annie C. Comly against the Pennsylvania Railroad Company, to recover damages for the death of her husband, Washington A. Comly, caused by the alleged negligence of the company defendant. The facts given in evidence at the trial are substantially set forth in the headnote. The court entered a compulsory nonsuit The assignment of…
1Per curiam
That Washington A. Comly was a trespasser and brought upon himself the misfortune which befell him is not doubtful. Nothing could be more obvious than that the railroad did not intend that passengers should reach its station by the way and in the manner he chose to adopt. The ditch and the character of the ground were, of themselves, sufficient notice of this fact; but,, in addition, the wire fence under which he had to stoop to reach the point of the accident was a positive warning that in passing-it he assumed every risk that might possibly occur on his way to the train which he intended to…
2Cited by5 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Wallace v. Wilmington & N. R.Superior Court of Delaware · 1889
- Carrier v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Gunderman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
- Moore v. City of New OrleansSupreme Court of Louisiana · 1880