Bowen v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 113, Oct. T., 1907, by plaintiff, from judgment of C. P. Venango Co., Aug. T., 1905, No. 44, on verdict for defendant in case of Charles E. Bowen v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Criswell, P. J., gave binding instructions for defendant.
Read the full summary
Appeal, No. 113, Oct. T., 1907, by plaintiff, from judgment of C. P. Venango Co., Aug. T., 1905, No. 44, on verdict for defendant in case of Charles E. Bowen v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Criswell, P. J., gave binding instructions for defendant. In his charge he stated the circumstances of the accident to be as follows: It appears from the testimony of the plaintiff that there was a pole erected near one of the switches of the defendant company. When that pole was placed there does not appear.. The plaintiff, however, knew of it on and…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In the consideration of this case some confusion has arisen in properly defining and understanding the doctrines of assumption of risk and of contributory negligence. It should always be borne in mind that defenses growing out of these doctrines are separate and distinct, resting upon entirely different grounds and not dependent upon each other. In Priestley v. Fowler, 3 Mees. & W. 1, decided in 1837, and a leading case on this question, it was laid down as a principle that a servant assumes all the ordinary risks which are incidental to his employment. Since that…
2Cases cited8 opinions
- Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
- Boyd v. HarrisSupreme Court of Pennsylvania · 1896
- Foster v. National Steel Co.Supreme Court of Pennsylvania · 1907
- Dooner v. President of DelawareSupreme Court of Pennsylvania · 1895
- Maines v. Harbison-Walker Co.Supreme Court of Pennsylvania · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O'Dea v. AmodeoSupreme Court of Connecticut · 1934
- Valjago v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1910
- Duggan v. HeaphySupreme Court of Vermont · 1912