Towanda Coal Co. v. Heeman
Supreme Court of Pennsylvania
Error to the Court of Common Plea: of Bradford county: Of January Term 1878, No. 42. Trespass on the case by Henry Heeman, by his next friend, Hiram Heeman, against the Towanda Coal Company, to recover damages for an injury to plaintiff, which it was alleged was caused by the negligence of defendants. Plea: “Not guilty.” The defendants are the lessees of a railroad which runs into the town of Towanda.
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Error to the Court of Common Plea: of Bradford county: Of January Term 1878, No. 42. Trespass on the case by Henry Heeman, by his next friend, Hiram Heeman, against the Towanda Coal Company, to recover damages for an injury to plaintiff, which it was alleged was caused by the negligence of defendants. Plea: “Not guilty.” The defendants are the lessees of a railroad which runs into the town of Towanda. While one of their coal trains was stopping at said station, three small boys, among whom was the plaintiff, climbed up on the cars. After the train had started the boys were discovered by one…
1Opinion of the CourtJustice Woodward
Although the point was not directly made to the court that there was no evidence tending to prove that it was within the line of a brakeman’s duty to remove trespassers or other persons from the cars of the defendants, yet under the particular circumstances disclosed by. this record, the question was sufficiently raised by the second and third points, which should have been affirmed. In substance they were prayers for instructions to the jury that it was no part of a brakeman’s duty to throw coal at any person on the train to which he was attached, or to- admit persons to, or remove them from…
2Cases cited3 opinions
- Sheridan v. CharlickNew York Court of Common Pleas · 1872
- Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
- Snodgrass v. BradleySupreme Court of Pennsylvania · 1852
3Cited by5 opinions
- Connor v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Sarver v. MitchellSuperior Court of Pennsylvania · 1907
- Wind v. Steiert & SonSuperior Court of Pennsylvania · 1919
- Misorski v. Pennsylvania R.R. Co.Supreme Court of Pennsylvania · 1943
- Decker v. Lackawanna & Wyoming Valley RailroadSuperior Court of Pennsylvania · 1909