Fredericks v. Northern Central R. R.
Supreme Court of Pennsylvania
Appeal, No. 280, Jan. T., 1893, by-plaintiff, Joseph A. Fredericks, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1889, No. 305, on verdict for defendant. Trespass for personal injuries. Before Arnold, J. At the trial, it appeared that on July 17, 1889, plaintiff was a passenger on defendant’s train from Hickory Swamp Colliery to Shamokin.
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Appeal, No. 280, Jan. T., 1893, by-plaintiff, Joseph A. Fredericks, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1889, No. 305, on verdict for defendant. Trespass for personal injuries. Before Arnold, J. At the trial, it appeared that on July 17, 1889, plaintiff was a passenger on defendant’s train from Hickory Swamp Colliery to Shamokin. When near Shamokin two loaded coal cars that had run away from a siding and come out on to the main track dashed into the passenger train. It appeared that the coal cars had been left on the side track at a distance of about two miles from the place…
1Opinion of the Court
Opinion by
Mr. Justice Green,
There is not the least question as to how the collision occurred which resulted in the plaintiff’s injury. Two loaded coal cars which had been standing on a side track, at a distance of almost two miles from the place of collision, were detached from a number of other cars to which they were coupled, a throw-off switch, which would have derailed the cars if left undisturbed was closed so as to lead the cars on the side track down a moderate grade until it joined the main track. There the cars collided with a miner’s train on which the plaintiff was riding as a…
2Cases cited9 opinions
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
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3Cited by17 opinions
- Baltimore & Ohio Railroad v. PlewsCourt of Appeals of Maryland · 1971
- Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901
- Ginder v. BachmanSuperior Court of Pennsylvania · 1898
- Bockelcamp v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1911
- Fitzpatrick v. Union Traction Co.Supreme Court of Pennsylvania · 1903
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