Gallagher v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 17, Oct. T., 1912, by defendant, from judgment of C. P., No. 3, Pbila. Co., June T., 1904, No. 3,243, on verdict for plaintiff in case of James Gallagher v. Baltimore & Ohio Railroad Company. Trespass to recover damages for a wagon. Before McMichael, P. J. At the trial it appeared that on August 29, 1903, the plaintiff’s wagon was run down by cars operated on tracks constructed on a pier owned by the defendant, in the Delaware river.
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Appeal, No. 17, Oct. T., 1912, by defendant, from judgment of C. P., No. 3, Pbila. Co., June T., 1904, No. 3,243, on verdict for plaintiff in case of James Gallagher v. Baltimore & Ohio Railroad Company. Trespass to recover damages for a wagon. Before McMichael, P. J. At the trial it appeared that on August 29, 1903, the plaintiff’s wagon was run down by cars operated on tracks constructed on a pier owned by the defendant, in the Delaware river. The circumstances of the accident are fully stated in the opinion of the Superior Court. The trial judge charged in part as follows: [It appears by…
1Opinion of the Court
Opinion by
Rice, P. J.,
It appears by the testimony of Mr. Atmore, United States inspector of customs, that he was notified (by whom is not stated)' that two casks of brandy were to be landed from the Italian bark Rosario, which was moored alongside Pier 62, South Wharves, Philadelphia. By his direction the plaintiff, a bonded teamster for the government, sent a team and wagon, in charge of his employee, to receive and haul away the casks. Two railroad tracks of the defendant ran along that side of the pier to which the ship was moored, and, while it does not appear that there was a traveled…
2Cases cited9 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Coolbroth v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Clark v. LancasterSupreme Court of Pennsylvania · 1910
- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
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3Cited by5 opinions
- Taylor v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
- Barrage v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1915
- Buxton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1923
- Rosa v. West Penn Railways Co.Superior Court of Pennsylvania · 1935
- Crist v. Director General of Railroads, Pennsylvania Court of Common Pleas, Crawford County1921