Legal Opinion

Erie City Passenger Railway Co. v. Schuster

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 11 opinions

Error to the Court of Common Pleas of Brie county: Of July Term 1885, No. 116. This was an action on the case, brought by Minnie Schuster by her next friend, Isaac Oppenheimer, against The Erie City Passenger Railway Company to recover damages sustained b3 her by being run over b3 a car of the defendant through the alleged negligence of the defendant’s driver. The defendant pleaded not guilty.

Read the full summary

Error to the Court of Common Pleas of Brie county: Of July Term 1885, No. 116. This was an action on the case, brought by Minnie Schuster by her next friend, Isaac Oppenheimer, against The Erie City Passenger Railway Company to recover damages sustained b3 her by being run over b3 a car of the defendant through the alleged negligence of the defendant’s driver. The defendant pleaded not guilty. On the trial, before Galbraith, P. J., the following facts appeared: The Erie City Passenger Railway Compaq*- is a corporation created and existing by and under the laws of Pennsylvania, and vested with…

1Opinion of the CourtJustice Trunkey

At the date of the plaintiff’s injury she was nearly four years of age. She was on her way to a neighboring store, having been sent alone by her parents. The injury was inflicted on the north walk of a street crossing, where people were accustomed to cross on foot: there is no evidence of special hazard at that crossing occasioned by large amount of travel, or otherwise. The driver had stopped his car at the south walk, and there was little time or distance for his team to gain much speed. He first saw the child under the tongue when the horses jumped; he had given his attention to passengers…

2Cases cited1 opinion

  1. The Steamboat Clipper v. LoganOhio Supreme Court · 1849

3Cited by11 opinions

  1. Wymore v. Mahaska CountySupreme Court of Iowa · 1889
  2. Briggs v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
  3. Citizens Street Railroad v. HamerIndiana Court of Appeals · 1902
  4. Elwood Electric Street Railway Co. v. RossIndiana Court of Appeals · 1900
  5. Chicago G. W. Ry. Co. v. KowalskiCourt of Appeals for the Eighth Circuit · 1899

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API