Legal Opinion

Bush v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 351PublishedCited by 11 opinions

Appeal, No. 351, Jan. T., 1910, by defendant, from judgment of C. P. Northampton Co., June T., 1909, No. 63, on verdict for plaintiff in case of S. R. Bush v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to an automobile. Before Scott, P. J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $4,792.50 and judgment thereon. Defendant appealed. Errors assigned were in refusing judgment for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

This action was for the recovery of damages for the wrecking of plaintiff’s automobile by a passing train on the defendant’s road. The collision occurred at nighttime, on a public crossing on one of the streets in the borough of South Bethlehem. The machine was being driven by an employee of the plaintiff on the business of the latter. The finding of the jury is conclusive on the question of the defendant’s negligence. No question is raised as to the sufficiency of the evidence to support such finding; nor are the instructions of the court on this branch of the…

2Cases cited1 opinion

  1. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893

3Cited by11 opinions

  1. Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. DoveIndiana Supreme Court · 1916
  3. Baker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1952
  4. Kowtko v. Delaware and Hudson Railroad Corp.District Court, M.D. Pennsylvania · 1955
  5. Cranston v. Baltimore & O. R. Co.Court of Appeals for the Third Circuit · 1940

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