Kaylor v. Cornwall Railroad
Supreme Court of Pennsylvania
Appeal, No. 222, Jan. T., 1905, by defendant, from judgment of C. P. Lebanon Co., June T., 1903, No.-9, on verdict for plaintiff in case of John Kaylor v. Cornwall Railroad Company. Trespass to recover damages for personal injuries.
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Appeal, No. 222, Jan. T., 1905, by defendant, from judgment of C. P. Lebanon Co., June T., 1903, No.-9, on verdict for plaintiff in case of John Kaylor v. Cornwall Railroad Company. Trespass to recover damages for personal injuries. Before Ehrgood, P. J. On January 16, 1903, the plaintiff, a brake man in the employ of the defendant, while in the act of descending on a side ladder from the top of a moving box car, was carried violently against a telegraph pole and seriously injured. It appeared that the pole was only fifteen inches from the. side of the car. There were no telegraph poles on…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In disposing of the assignments of error which relate to the court’s refusal to give binding instructions in favor of the defendant, it is only necessary to advert to a feature of the case, overlooked in the argument, yet quite sufficient in itself to have compelled a submission of the case to the jury. Since the several propositions advanced upon the argument in support of these assignments were framed without reference to this important and qualifying feature of the case, they may be regarded as abstract, requiring no discussion here. Whether a presumption of…
2Cited by3 opinions
- Commonwealth v. ShainSupreme Court of Pennsylvania · 1981
- Stewart v. Central RailroadSupreme Court of Pennsylvania · 1912
- Commonwealth v. ShainSupreme Court of Pennsylvania · 1981