Quigley v. Del. & H. Canal Co.
Pennsylvania Court of Common Pleas, Luzerne County
No. 397 January Term 1891, Sup. Ct.; court below, No. 188 October Term 1884, C. P. On June 24,1884, T. F. Quigley brought case against “ The President and Managers and Company of the Delaware & Hudson Canal Company,” to recover for damages alleged to have been oeeasioned by the negligence of the defendant’s employees. The defendant’s plea was not guilty.
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No. 397 January Term 1891, Sup. Ct.; court below, No. 188 October Term 1884, C. P. On June 24,1884, T. F. Quigley brought case against “ The President and Managers and Company of the Delaware & Hudson Canal Company,” to recover for damages alleged to have been oeeasioned by the negligence of the defendant’s employees. The defendant’s plea was not guilty. At the second trial, on January 19, 1891, the following facts were shown: On a morning in the early part of May, 1884, a team of three horses, belonging to the plaintiff, was passing through the village of Miners Mills, upon a highway known…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
In the general charge, the court instructed the jury that, inasmuch as it cle.arly appeared in the testimony the engineer had the locomotive in such control that he was able to stop at least twenty feet above the crossing, it could not be said, under the circumstances of this case, that he was running at a negligent rate of speed; and that, if the usual warnings had been given, the engineer would be taken to have performed his full duty in stopping the engine before he arrived at the crossing.
But the jury found that no warning had been given; that the whistle was not…
2Cases cited1 opinion
- Bunting v. HogsettSupreme Court of Pennsylvania · 1891
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