Smeltz v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 470, Jan. T., 1896, by defendant, from judgment of C. P. Lancaster Co., March T., 1894, No. 36, on verdict for plaintiff. Trespass -for personal injuries. Before Brubaker, J. The facts appear by the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows : Under all the evidence in this case the verdict of the jury should be in favor of the defendant. Answer: This point is refused.
Read the full summary
Appeal, No. 470, Jan. T., 1896, by defendant, from judgment of C. P. Lancaster Co., March T., 1894, No. 36, on verdict for plaintiff. Trespass -for personal injuries. Before Brubaker, J. The facts appear by the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows : Under all the evidence in this case the verdict of the jury should be in favor of the defendant. Answer: This point is refused. Verdict and judgment for plaintiff for $3,000. Defendant appealed. Error assigned among others was above instruction.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
At the east end of its station at Lancaster the tracks of the defendant’s road cross Christian street. The plaintiff, a boy five years old, was returning by this street to his home. When he reached the crossing he found it obstructed by the last car of an east bound train which had left the station and stopped at the water tank. He waited until the train passed, and then crossed immediately behind the last car, and was struck by the engine of a west bound train on the second track. The latter train had approached the station from a cut, and was hidden from view by…
2Cited by2 opinions
- Daubert v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1901
- Ginocchi v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1925