Barlick v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 79, April T., 1909, by defendant, from judgment of C. P. Fayette Co., Dec. T., 1907, No. 135, on verdict for plaintiff in case of Millie Barlick v. Baltimore & Ohio Railroad Company, Operating the Pittsburg & Connellsville Railroad Company. Trespass to recover damages for personal injuries. Before Van Swearingen, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 79, April T., 1909, by defendant, from judgment of C. P. Fayette Co., Dec. T., 1907, No. 135, on verdict for plaintiff in case of Millie Barlick v. Baltimore & Ohio Railroad Company, Operating the Pittsburg & Connellsville Railroad Company. Trespass to recover damages for personal injuries. Before Van Swearingen, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,000, upon which judgment was entered for $500, all above that amount having been remitted. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff was a passenger on a Sunday excursion train of the defendant company, which, at seven o’clock in the mom*90ing of September 8, 1907, left Pittsburg, Pennsylvania, for Cumberland, Maryland. About twenty minutes after the train started, before it had reached Braddock, the first stop, which is ten or twelve miles from Pittsburg, a passenger sitting in front of the plaintiff tossed an empty beer bottle out of an open window, while the train was in motion, and the bottle striking a car upon another track was broken and a piece of the glass passing back into the car…
2Cases cited14 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Meier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Fredericks v. Northern Central R. R.Supreme Court of Pennsylvania · 1893
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- Burns v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1928
- Kerns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1951
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