Legal Opinion

Schwartzfager v. Pittsburgh, Harmony, Butler & New Castle Railway Co.

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 186PublishedCited by 15 opinions

Appeal, No. 186, Oct. T., 1912, by defendant, from judgment of O. P. Lawrence Co., Dec. T., 1910, No. 93, on verdict for plaintiff in case of Ralph Schwartzfager v. Pittsburgh, Harmony, Butler and New Castle Railway Company. Trespass to recover damages for personal injuries. Before Porter, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 186, Oct. T., 1912, by defendant, from judgment of O. P. Lawrence Co., Dec. T., 1910, No. 93, on verdict for plaintiff in case of Ralph Schwartzfager v. Pittsburgh, Harmony, Butler and New Castle Railway Company. Trespass to recover damages for personal injuries. Before Porter, P. J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: [“The contract then being legal and being in writing, after he had ratified it by making his demand, it becomes a question then as to whether or not there was a repudiation of the contract on the part of the…

1Opinion of the Court

Opinion by

Me. Justice Potter,

The plaintiff brought this suit to recover damages for injuries alleged to have resulted from the negligence of the defendant company, in the operation of its cars. Liability was not denied, but the defendant set up as a defense, a settlement with the plaintiff and a release of *162all damages. It appears from the evidence that on Feb. 21, 1910, the day after the accident, the plaintiff while in the New Castle Hospital, was visited by W. A. Goehring, vice president of the defendant company, at whose solicitation he signed a release, which reads as follows:

“New Castle,…

2Cases cited5 opinions

  1. Hosler v. HurshSupreme Court of Pennsylvania · 1892
  2. Laughead v. H. C. Frick Coke Co.Supreme Court of Pennsylvania · 1904
  3. Hearn v. KiehlSupreme Court of Pennsylvania · 1861
  4. Saeger ex rel. Schantz v. RunkSupreme Court of Pennsylvania · 1892
  5. Reed v. MartinSupreme Court of Pennsylvania · 1857

3Cited by15 opinions

  1. Rocco v. Johns-Manville Corp.Court of Appeals for the Third Circuit · 1985
  2. Meaker Galvanizing Co. v. Charles E. McInnes & Co.Supreme Court of Pennsylvania · 1922
  3. Zager v. GUBERNICKSuperior Court of Pennsylvania · 1965
  4. In re KELLETT AIRCRAFT CORP.Court of Appeals for the Third Circuit · 1949
  5. Polish American MacHinery Corporation v. R.D. & D. CorporationCourt of Appeals for the Third Circuit · 1985

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