Muckinhaupt v. Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 115, Jan. T., 1900, by defendant, from judgment of C. P. Crawford Co., Sept. T., 1899, No. 115, on verdict for plaintiff in case of Charles M. Muckinhaupt v. Erie Railroad Company. Trespass for personal injuries. Before Thomas, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $8,000. Defendant appealed.
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Appeal, No. 115, Jan. T., 1900, by defendant, from judgment of C. P. Crawford Co., Sept. T., 1899, No. 115, on verdict for plaintiff in case of Charles M. Muckinhaupt v. Erie Railroad Company. Trespass for personal injuries. Before Thomas, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $8,000. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant. cited Wojochoski v. Central R. R. Co., 10 Pa. Superior Ct. 469, Gleim v. Phila. & Reading R. R. Co., 181 Pa. 387, Hartman v. P. & R. R. R. Co., 182 Pa.,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The assignments of error which we are asked to consider present the single question whether the case should have been withdrawn from the jury on the ground of the plaintiff’s contributory negligence. From the testimony presented by the plaintiff it appeared that he was driving two horses to a top-buggy after dark on a country road which is crossed by the tracks of the defendant’s road at an oblique angle. On the side on which the train approached the crossing, and 500 or 600 feet from it, the railroad tracks are in a cut of considerable depth. There is also a curve…
2Cases cited7 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Walsh v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Craig v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Corcoran v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Barthelmas v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1909
16 more not listed; retrieve them via the Exa API.