Harper v. Pittsburg, Cincinnati, Chicago & St. Louis Railroad
Supreme Court of Pennsylvania
Appeal, No. 129, Oct. T., 1907, by defendant, from judgment of C. P. Washington Co., Aug. T., 1906, No. 55, on verdict for plaintiff in case of W. J. E. Harper v. Pittsburg, Cincinnati, Chicago & St. Louis Railroad Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
At McDonald station, on the line of the railway of the defendant company, there are four tracks. The one nearest the station is used by freight trains, and the second track is for east bound passenger trains. Between these two tracks is a board platform, about five feet in width, intended for the use of passengers in approaching and in alighting from the train.
On the night of the accident, the plaintiff, hearing the train whistle for the station, left the waiting room, passed over the first track, and on to the narrow platform between the tracks. While standing…
2Cases cited2 opinions
- Flanagan v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1897
- McGeehan v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1892
3Cited by5 opinions
- Besecker v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1908
- Struble v. Pennsylvania Co.Supreme Court of Pennsylvania · 1910
- Keifner v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1909
- Seltzer v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1918
- Weisenberg v. Lackawanna & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1912