Zenzil v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 395, Jan. T., 1917, by plaintiffs, from order of C. P. Lackawanna Co., March T., 1914, No. 151, refusing to take off nonsuit, in case of Stephen Zenzil, a minor, by his father and next friend, Peter Zenzil, and Peter Zenzil in his own right, v. The Delaware, Lackawanna and Western Railroad Company. Trespass to recover damages for personal injuries. Before Newcomb, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 395, Jan. T., 1917, by plaintiffs, from order of C. P. Lackawanna Co., March T., 1914, No. 151, refusing to take off nonsuit, in case of Stephen Zenzil, a minor, by his father and next friend, Peter Zenzil, and Peter Zenzil in his own right, v. The Delaware, Lackawanna and Western Railroad Company. Trespass to recover damages for personal injuries. Before Newcomb, J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiffs appealed. Error assigned was in refusing to take off the nonsuit. — A…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This suit is for injuries caused to a child by a freight train.
Defendant’s double track railway extends in a northerly and southerly direction through Dalton Borough in Lackawanna County. The station is on the east side of the easterly or northbound track; opposite it, on *475the west side of the westerly or southbound track, a side track branches therefrom and extends southerly toward Scranton; so that to the south of the station there are three parallel tracks. A short distance to the west there is a residence street, parallel with the railway, the lots on the east…
2Cases cited7 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Mulligan v. Lehigh Traction Co.Supreme Court of Pennsylvania · 1913
- Piepke v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1913
- Strader v. MonroeSupreme Court of Pennsylvania · 1902
- Cawley v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gausman v. R. T. Pearson Co.Supreme Court of Pennsylvania · 1925
- Mudano v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Goater v. KlotzSupreme Court of Pennsylvania · 1924
- Hunter v. PopeSupreme Court of Pennsylvania · 1927
- Roche v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1951
17 more not listed; retrieve them via the Exa API.