Legal Opinion

McKee v. Bidwell

Supreme Court of Pennsylvania

Decided November 10, 1873PublishedCited by 7 opinions

Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1872, No. 139. This was an action on the case for negligence, brought February 24th 1870, by Alexander McKee against J. 0. Bidwell. The plaintiff was in the employ of John W. Haney & Co., who were engaged in the business of delivering goods arriving in Pitts-burg at the different railroad depots to the consignees of the goods.

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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1872, No. 139. This was an action on the case for negligence, brought February 24th 1870, by Alexander McKee against J. 0. Bidwell. The plaintiff was in the employ of John W. Haney & Co., who were engaged in the business of delivering goods arriving in Pitts-burg at the different railroad depots to the consignees of the goods. The defendant was the proprietor of the Pittsburg Plough Works, located on Garrison alley. The works of the defendant, as would appear from the statement in the paper-books and the…

1Opinion of the Court

The opinion of the court was delivered, November 10th 1873, by

Mbrcur, J. —

It is well settled that in a case of undoubted evidence of clear negligence, it is the duty of the court to pronounce it such as matter of law : Pennsylvania Railroad Co. v. Ogier, 11 Casey 60; Catawissa Railroad Co. v. Armstrong, 2 P. F. Smith 282; Pittsburg and Connellsville Railroad Co. v. McClurg, 6 Id. 294. If, however, there-is no doubt as to the acts committed, yet if there be substantial doubts as to the inferences to be drawn from these acts, they should be submitted to the jury: Pennsylvania Railroad Co. v.…

2Cited by7 opinions

  1. Baran v. Reading Iron Co.Supreme Court of Pennsylvania · 1902
  2. Dobbie v. Pacific Gas & Electric Co.California Court of Appeal · 1928
  3. Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
  4. Delaware L. & W. R. Co. v. CadowSupreme Court of Pennsylvania · 1888
  5. Vancleve v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1904

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