Gillis v. Pennsylvania Railroad
Supreme Court of Pennsylvania
At Philadelphia. Error to the Court of Common Pleas of Oambria county: Of May Term 1868. This was an action on the case commenced, November 20th 1866, by David Gillis against the Pennsylvania Railroad Company for injuries sustained by him by the breaking down of a platform of the defendants at the Johnstown station, Cambria county. The declaration contained four counts.
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At Philadelphia. Error to the Court of Common Pleas of Oambria county: Of May Term 1868. This was an action on the case commenced, November 20th 1866, by David Gillis against the Pennsylvania Railroad Company for injuries sustained by him by the breaking down of a platform of the defendants at the Johnstown station, Cambria county. The declaration contained four counts. The first count charged that the defendants, being a corporation for conveying freight and passengers, and having the sole control of the passenger depots, platforms, &e., along the road for the mutual accommodation of…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1868, by
Sharswood, J.
The platform of a railroad company at its station or stopping-place is in no sense a public highway. There is no dedication to public use as such. It is a structure erected expressly for the accommodation of passengers arriving and departing in the train. Being unenclosed, persons are allowed the privilege of walking over it for other purposes, but they have no legal right to do so. The servants of the company, after requesting them to leave, can remove them by whatever force may be necessary: Barker v. The Midland Railway…
2Cases cited1 opinion
- Harris v. StevensSupreme Court of Vermont · 1858
3Cited by1 opinion
- Pennsylvania R. v. MartinCourt of Appeals for the Third Circuit · 1901