Cleaver v. Pennsylvania Co.
Superior Court of Pennsylvania
Appeal, No. 63, April T., 1919, by defendant, from judgment of C. P. Allegheny Co., April T., 1914, No. 84, on verdict for plaintiff in case of F. J. Cleaver v. Pennsylvania Co. Trespass to recover damages for personal injuries. Before Evans, J. Plaintiff was injured while walking along the tracks of the defendant company. The circumstances preceding the accident appear in the opinion of the Superior Court. Verdict and judgment for plaintiff for $50. Defendant appealed.
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Appeal, No. 63, April T., 1919, by defendant, from judgment of C. P. Allegheny Co., April T., 1914, No. 84, on verdict for plaintiff in case of F. J. Cleaver v. Pennsylvania Co. Trespass to recover damages for personal injuries. Before Evans, J. Plaintiff was injured while walking along the tracks of the defendant company. The circumstances preceding the accident appear in the opinion of the Superior Court. Verdict and judgment for plaintiff for $50. Defendant appealed. Error assigned was in refusing binding instructions for the defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff was a passenger on a train of the defendant company, accompanied by a friend. Their destination was Economy. When the conductor collected the tickets, the plaintiff requested that he notify him of the approach of the train to the station, as he was a stranger in that locality. This the conductor promised to do, but notice was not given and the plaintiff was not aware that the train had arrived at Economy until his attention was called to the fact after the train had started. He immediately requested the brakeman to' stop the train, as it had only…
2Cases cited5 opinions
- Malone v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1893
- Ham v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1893
- Tilburg v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1907
- Reimard v. Bloomsburg & Sullivan RailroadSupreme Court of Pennsylvania · 1910
- Tilburg v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1908
3Cited by2 opinions
- Commonwealth v. WestcottSupreme Court of Pennsylvania · 1987
- Weathers v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1928