Legal Opinion

Christman v. Phila. R.

Supreme Court of Pennsylvania

Decided April 20, 1891No. 187PublishedCited by 8 opinions

APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE LEBANON COUNTY. January Term 1891, Sup. Ct.; court below, No. 92 December Term 1889, C. P. On October 29, 1889, Wilson Christman brought trespass against the Philadelphia & Reading Railroad Company, for negligence causing personal injuries to the plaintiff. The defendant’s plea was not guilty.

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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE LEBANON COUNTY. January Term 1891, Sup. Ct.; court below, No. 92 December Term 1889, C. P. On October 29, 1889, Wilson Christman brought trespass against the Philadelphia & Reading Railroad Company, for negligence causing personal injuries to the plaintiff. The defendant’s plea was not guilty. At the trial, on May 22,1890, the following facts were shown: For many years prior to the plaintiff’s injury, the Lebanon Rolling Mills, and its predecessors, S. E. Light & Co., had owned and operated a rolling-mill in the city of Lebanon. Upon the…

1Opinion of the Court

Opinion,

Mr. Justice Mitchell :

The assignments of error raise two questions:

1. Was the plaintiff on the footing of an employee of the railroad company, under the act of 1868 ? That act includes persons “ lawfully engaged or employed on or about the roads, works, depots, and premises of a railroad company, or in or about any train or car therein or thereon.” Whether the place of the accident was the premises of the railroad company was left to the jury as a question of fact. The land on which the siding was laid, and the tracks themselves, were not the property of the defendant, but of the…

2Cases cited4 opinions

  1. Boyd v. American Carbon Black Co.Supreme Court of Pennsylvania · 1897
  2. Balt. & Ohio R. v. ColvinSupreme Court of Pennsylvania · 1888
  3. Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
  4. Richter v. Pennsylvania Co.Supreme Court of Pennsylvania · 1883

3Cited by8 opinions

  1. Zandt v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1915
  2. Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
  3. Weaver v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
  4. Davenport v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1950
  5. Yarrington v. Delaware & Hudson Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906

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