Legal Opinion

Young v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 24, 1887PublishedCited by 6 opinions

Error to the Court of Common Pleas No. 3 of Philadelphia county: Of January Term, 1886, No. 161. Case by Benjamin F. Young against the Pennsylvania Railroad Company to recover damages sustained by the unlawful and wrongful action of the alleged agent of the defendant in ejecting the plaintiff from a passenger train. Plea, not guilty. The facts of the case, as they appeared on the trial, sufficiently appear in the opinion of the Supreme Court.

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Error to the Court of Common Pleas No. 3 of Philadelphia county: Of January Term, 1886, No. 161. Case by Benjamin F. Young against the Pennsylvania Railroad Company to recover damages sustained by the unlawful and wrongful action of the alleged agent of the defendant in ejecting the plaintiff from a passenger train. Plea, not guilty. The facts of the case, as they appeared on the trial, sufficiently appear in the opinion of the Supreme Court. A copy of the ticket sold to the plaintiff by the agent of the New York & Ohio Railroad, is shown on pages 112'and 113. The court instructed the jury as…

1Opinion of the CourtJustice Sterrett

Plaintiff’s right to recover in this case involved substantially two propositions, both of which it was, incumbent on him to maintain: 1st. That the ticket which the conductor refused to honor, on February 16th, 1884, was then good for passage from Sunbury to Philadelphia; and 2d. That the conductor, by whom he was forcibly ejected from the car, was at the time an employee of the railroad company defendant, acting within the general scope of his authority as such conductor. If the testimony tended to prove both of these propositions, there was error in withdrawing the case from the jury and…

2Cited by6 opinions

  1. Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914
  2. Brian v. Oregon Short Line RailroadMontana Supreme Court · 1909
  3. O'Brien v. Public Service Taxi Co.District Court, M.D. Pennsylvania · 1949
  4. New York Central & Hudson River Railroad v. Deer Creek Lumber Co.Superior Court of Pennsylvania · 1912
  5. Pennsylvania R. v. SellersSupreme Court of Pennsylvania · 1889

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