Legal Opinion

Rehm v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 392PublishedCited by 3 opinions

Appeal, No. 392, Jan. T., 1894, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1892, No. 74, on verdict for defendants. Trespass for death of plaintiff’s husband. Before Gunnison, P. J. At the trial it appeared that plaintiff’s husband was employed by W. L. Scott & Co. to unload coal cars into pockets on a trestle. The trestle was about forty-one feet high and eight hundred feet long, with a slight grade to enable cars upon it to be moved by gravity.

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Appeal, No. 392, Jan. T., 1894, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1892, No. 74, on verdict for defendants. Trespass for death of plaintiff’s husband. Before Gunnison, P. J. At the trial it appeared that plaintiff’s husband was employed by W. L. Scott & Co. to unload coal cars into pockets on a trestle. The trestle was about forty-one feet high and eight hundred feet long, with a slight grade to enable cars upon it to be moved by gravity. The coal in the pockets was transferred by chutes into vessels on Lake Erie. .On July 13,1891, a car loaded with coal was delivered at…

1Opinion of the Court

Opinion by

Me. Justice Fell,

Upon the trial there was no evidence of negligence upon the part of the Pennsylvania Railroad Company. It delivered a car loaded with, coal at the works of Wm. L. Scott & Co. One brake of the car was missing and the other defective. On one end of the car was written with chalk in large plain letters : “No brake,” and on the other: “Bad brake.” There was no evidence that this car had been started on its journe)*- in a defective condition, nor as to when or where the injury to the brakes occurred. It was delivered on the siding, and its defects distinctly marked in…

2Cases cited3 opinions

  1. Mixter v. Imperial Coal Co.Supreme Court of Pennsylvania · 1893
  2. Anderson v. OliverSupreme Court of Pennsylvania · 1890
  3. McMullen v. Carnegie Bros. & Co.Supreme Court of Pennsylvania · 1893

3Cited by3 opinions

  1. Dominices v. Monongahela Connecting RailroadSupreme Court of Pennsylvania · 1937
  2. Rylander v. Chicago Short Line Railway Co.Appellate Court of Illinois · 1958
  3. Jones v. Standard Oil Co.Supreme Court of Arkansas · 1920

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