Ainsley v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 124, Oct. T., 1913, by defendant, from judgment of O. P. Allegheny Co., Feb. T., 1911, No. 48, on verdict for plaintiff in case of Robert C. Ainsley v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for personal injuries. Before Evans, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $9,000 and judgment thereon. Defendant appealed.
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Appeal, No. 124, Oct. T., 1913, by defendant, from judgment of O. P. Allegheny Co., Feb. T., 1911, No. 48, on verdict for plaintiff in case of Robert C. Ainsley v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for personal injuries. Before Evans, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $9,000 and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing to direct a verdict for defendant and to enter judgment for defendant n. o. v., and in refusing to withdraw a juror and continue…
1Opinion of the Court
Opinion by
Me. Justice Beown,
At the time the plaintiff below was injured he was in the employ of the defendant company as a brakeman on a passenger train. He was on duty on a train which left *440.the City of Pittsburgh between two and three o’clock on the morning of October 31, 1909, bound for Columbus, Ohio. Shortly after it had started it was discovered that the air brake on one Of the cars was not working properly, and the plaintiff got on the lower step of the platform of a Pullman car in an effort to locate the brake which needed attention. While leaning out from that step while the train…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Duggan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- O'Brien v. Public Service Taxi Co.Court of Appeals for the Third Circuit · 1949
- Haun v. McCabeSupreme Court of Pennsylvania · 1932
- O'Brien v. Public Service Taxi Co.District Court, M.D. Pennsylvania · 1949
- Feussner v. Wilkes-Barre & Hazleton Railway Co.Supreme Court of Pennsylvania · 1917