Pittsburgh, Fort Wayne & Chicago Railway Co. v. Hinds
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This action was brought, December 5th 1865, by Parker Hinds and Martha Jane his wife, against The Pittsburgh, Fort Wayne and Chicago Railway Company, for injury to her whilst riding on the defendants’ train.
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Error to the Court of Common Pleas of Allegheny county. This action was brought, December 5th 1865, by Parker Hinds and Martha Jane his wife, against The Pittsburgh, Fort Wayne and Chicago Railway Company, for injury to her whilst riding on the defendants’ train. The declaration contained two counts, both averring, in forms slightly variant, negligence on the part of the defendants, and their officers in charge of the train, resulting in the dislocation of the plaintiff’s arm; but not setting out the manner in which it was done. The injury occurred under the following circumstancesAn…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The action is for an injury sustained by the plaintiff’s wife whilst she was a passenger in the cars of the defendants; and what is peculiar in the case is the fact that the injury was not occasioned by defective machinery, or cars or road, or by anything that pertained properly to their business as transporters, but was caused by the fighting of passengers among themselves. Drunken and quarrelsome men intruded into the ladies’ car in great numbers whilst the train stopped at Beaver station, and in the disgraceful fight which ensued…
2Cited by17 opinions
- Duggan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1893
- Wood v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Kennedy v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1907
- Gerlach Et Ux. v. Pgh. Railways Co.Superior Court of Pennsylvania · 1928
- O'Brien v. Public Service Taxi Co.Court of Appeals for the Third Circuit · 1949
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