Reitler v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 3, Oct. T., 1911, by defendant, from judgment of O. P. Cambria Co., March T., 1910, No. 161, on verdict for plaintiff in case of Daniel Eeitler v. Pennsylvania Eailroad Company. Trespass to recover damages for personal injuries.
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Appeal, No. 3, Oct. T., 1911, by defendant, from judgment of O. P. Cambria Co., March T., 1910, No. 161, on verdict for plaintiff in case of Daniel Eeitler v. Pennsylvania Eailroad Company. Trespass to recover damages for personal injuries. Before O’Connoe, P. J. At the trial it appeared that the accident occurred at five o’clock P. M. on December 6, 1909. The plaintiff and his driver approached in a two-horse empty hay wagon a grade crossing of the defendant where there were five tracks. Plaintiff and his witnesses testified that he and his driver stopped, looked and listened at a point…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
It may be conceded that upon the question of the contributory negligence of the appellee this is a close case, but after a careful review of all the testimony we have concluded it was for the jury. Whether the driver of the team stopped, looked and listened at a proper place, or failed in the performance of any other duty required of him under the circumstances, were questions of fact for the jury and not of law for the court. The testimony is conflicting and the facts are not so clear as to warrant the court in declaring the plaintiff guilty of contributory…
2Cases cited4 opinions
- Goodhart v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906
- McLane v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Collins v. LeafeySupreme Court of Pennsylvania · 1889
3Cited by13 opinions
- McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
- Ahlstrom v. Minneapolis, St. Paul & Sault Ste. Marie RailroadSupreme Court of Minnesota · 1955
- Littman v. Bell Tel. Co. of Pa.Supreme Court of Pennsylvania · 1934
- Kmiotek v. AnastSupreme Court of Pennsylvania · 1944
- Mack v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1915
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