Legal Opinion

Joyce v. Baltimore & Ohio Railroad

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 44PublishedCited by 5 opinions

Appeal, No. 44, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Second Term, 1908, No. 40, on verdict for plaintiff in case of Anna M. Joyce v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before Carnahan, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $9,000. Defendant appealed.

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Appeal, No. 44, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Second Term, 1908, No. 40, on verdict for plaintiff in case of Anna M. Joyce v. The Baltimore & Ohio Railroad Company. Trespass to recover damages for personal injuries. Before Carnahan, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $9,000. Defendant appealed. Error 'assigned was in refusing binding instructions for defendant. Plaintiff was negligent in assuming a position of open and obvious danger and such negligence was the…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

By resolving all doubts and drawing all inferences in favor of the plaintiff, the jury could have found the following material facts: The accident happened in the city of Pittsburg on April 11, 1907 at about 7: 45 a. m. The morning was dark and foggy. The plaintiff and her sister walked down Berwick street to its intersection with the defendant’s railroad on Second avenue. They desired *3to reach a trolley line which was on the opposite side of Second avenue and which approximately paralleled the railroad and ran nearly at right angles to Berwick street. Before…

2Cited by5 opinions

  1. Seiwell v. HinesSupreme Court of Pennsylvania · 1922
  2. Harris v. Reading CompanySupreme Court of Pennsylvania · 1936
  3. Martin v. PhiladelphiaSuperior Court of Pennsylvania · 1913
  4. Witiak v. Delaware & Hudson R. R.Court of Appeals for the Third Circuit · 1946
  5. Vasilios v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1939

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