Lehigh Valley Railroad v. McKeen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of July Term 1878, No. 83. Case by Thomas L. McKeen against the Lehigh Yalley Railroad Company, for setting on fire and destroying plaintiff’s lumber, which plaintiff alleged was caused by the negligence of defendant. On the 4th of May 1870, the lumber in question was piled between the track of the Lehigh and Susquehanna Railroad and defendant’s road, at a point about one mile above White Haven, Luzerne county.
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Error to the Court of Common Pleas of Northampton county: Of July Term 1878, No. 83. Case by Thomas L. McKeen against the Lehigh Yalley Railroad Company, for setting on fire and destroying plaintiff’s lumber, which plaintiff alleged was caused by the negligence of defendant. On the 4th of May 1870, the lumber in question was piled between the track of the Lehigh and Susquehanna Railroad and defendant’s road, at a point about one mile above White Haven, Luzerne county. The strip of land between said tracks, containing about three acres, on a portion of which this lumber was piled, belonged to…
1Opinion of the CourtJustice Trunkby
However severe animadversions, sometimes made upon juries, the courts are bound to conserve their rights in the trial of causes. The organic law secures to the people trial by jury, as it was at common law, and nothing is more offensive in the administration of justice than for the judge to usurp the disposition of facts. Where there is no evidence of a disputed fact, or a mere scintilla, the question shall not be submitted; but where there is sufficient evidence to warrant its finding, it must be, and its determination is exclusively fór the jury. If a fact, in the opinion of the judge, be…
2Cited by7 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Wallace v. Wilmington & N. R.Superior Court of Delaware · 1889
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Van Steuben v. Central R. R.Supreme Court of Pennsylvania · 1896
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