Enright v. Pittsburg Junction Railroad
Supreme Court of Pennsylvania
Appeals, Nos. 99 and 100, Oct. T., 1900, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Aug. T., 1899, No. 363, refusing to take off nonsuit, in case of Patrick Enright in his own right, and Joseph Enright by his father and next friend, Patrick Enright, v. The Pittsburg Junction Railroad Company. Trespass to recover damages for personal injuries. Before McCluno, J. The facts are fully stated in the opinion of the Supreme Court.
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Appeals, Nos. 99 and 100, Oct. T., 1900, by plaintiffs, from order of C. P. No. 3, Allegheny Co., Aug. T., 1899, No. 363, refusing to take off nonsuit, in case of Patrick Enright in his own right, and Joseph Enright by his father and next friend, Patrick Enright, v. The Pittsburg Junction Railroad Company. Trespass to recover damages for personal injuries. Before McCluno, J. The facts are fully stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
Joseph Enright, a boy of ten years, in company with two other boys boarded a freight train on defendant’s road while it was standing at the foot of Fortieth street in the city of Pittsburg on the afternoon of September 5, 1897. They got on a Pittsburg & Western iron flat car, located about the *168middle of the train. A Baltimore & Ohio engine pulled the train and an engine of the defendant company pushed it. A brakeman saw the boys get on the train, but at that time did not offer to put them off. The destination of the boys was Schenley Park, to see the goat…
2Cases cited10 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Hydraulic Works Co. v. OrrSupreme Court of Pennsylvania · 1877
- Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
- Flower v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
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3Cited by19 opinions
- Brennan v. Merchant & Co.Supreme Court of Pennsylvania · 1903
- Frederick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1939
- Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Slother v. JaffeSupreme Court of Pennsylvania · 1947
- Walsh v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
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