Dooner v. Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 7, Jan. T., 1894, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1890, No. 802, on verdict for plaintiff. Trespass for personal injuries. Before Lynch, J. At the trial it appeared that, on Oct. 81, 1889, plaintiff was injured while side-tracking a freight car by a flying switch. He claimed that the accident was caused by the absence of a grab-iron or ladder from the car which he was side-tracking.
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Appeal, No. 7, Jan. T., 1894, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1890, No. 802, on verdict for plaintiff. Trespass for personal injuries. Before Lynch, J. At the trial it appeared that, on Oct. 81, 1889, plaintiff was injured while side-tracking a freight car by a flying switch. He claimed that the accident was caused by the absence of a grab-iron or ladder from the car which he was side-tracking. The facts appear by the opinion of the Supreme Court. 0. Russell, a witness .for plaintiff, was asked, under objection and exception : “ Q. Whether a car constructed as that…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The plaintiff, John F. Dooner, was a railroad brakeman. This had been his occupation for about five years, and for the last year, prior to October 81, 1889, he was in service of the defendant company. On that day, while in the performance of his duty as brakeman, he was run over by a freight car which defendant was transporting, and lost his leg. The accident came about in this waju The railroad of defendant begins at Wilkes-Barre, where it connects with a number of railroads entering and passing through the city. It is the duty of defendant to accept and transport…
2Cases cited9 opinions
- Kohn v. McNultaSupreme Court of the United States · 1893
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891
- Mansfield Coal & Coke Co. v. McEnerySupreme Court of Pennsylvania · 1879
- Philad. & R. R. v. Huber, Pennsylvania Court of Common Pleas, Schuylkill County1889
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3Cited by18 opinions
- Commonwealth v. SeeseSupreme Court of Pennsylvania · 1986
- Delair v. McAdooSupreme Court of Pennsylvania · 1936
- Beardslee v. Columbia TownshipSupreme Court of Pennsylvania · 1898
- Collins v. ZedikerSupreme Court of Pennsylvania · 1966
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
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