Legal Opinion

Vorhees v. Lake Shore & Michigan Southern Railway Co.

Supreme Court of Pennsylvania

Decided October 6, 1899No. Appeal, No. 342PublishedCited by 7 opinions

Appeal, No. 342, Jan. T., 1899, by defendant, from judgment of C. P. Erie Co., Nov. T., 1896, No. 120, on verdict for plaintiff. Trespass for personal injuries. Before MobbisON, J., of the 48th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 342, Jan. T., 1899, by defendant, from judgment of C. P. Erie Co., Nov. T., 1896, No. 120, on verdict for plaintiff. Trespass for personal injuries. Before MobbisON, J., of the 48th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. Defendant’s points and the answers thereto among others were as follows: 4. The plaintiff in this case having received his injuries while acting in violation of the provisions of rules 602 and 603, with which he says he was familiar, cannot recover in this case and the verdict must be for the defendant.…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

The supposed defect on which the motion to quash this appeal is based was cured by the certificate of the learned judge who specially presided at the trial, and the motion is therefore denied.

*118This action was brought to recover damages for personal injuries suffered by the plaintiff while in the service of the defendant company as rear end brakeman on one of its through freight trains. At the point where the accident occurred, in the borough of North East, there are five tracks, viz: two main tracks, two main sidings, and an extra siding or “ spur,” known…

2Cases cited2 opinions

  1. Brossman v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1886
  2. Pittsburgh & Connellsville Railroad v. SentmeyerSupreme Court of Pennsylvania · 1880

3Cited by7 opinions

  1. McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
  2. Madden v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1912
  3. Peters v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1909
  4. Kerker ex rel. Kerker v. Bettendorf Metal Wheel Co.Supreme Court of Iowa · 1908
  5. Missouri, O. & G. Ry. Co. v. OvermyreSupreme Court of Oklahoma · 1916

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