Kipp v. Central Railroad
Supreme Court of Pennsylvania
Appeal, No. 44, Jan. T., 1919, by defendant, from judgment of C. P. Northampton Co., April T., 1917, No. 47, on verdict for plaintiff in case of Charles Kipp v. Central Railroad Co. of New Jersey. Trespass to recover damages for personal injuries. Before Stewart, P. J. At the trial the jury returned a verdict for the plaintiff for $4,000. Subsequently judgment was entered for plaintiff for $2,000, all above that amount having been remitted. Defendant appealed.
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Appeal, No. 44, Jan. T., 1919, by defendant, from judgment of C. P. Northampton Co., April T., 1917, No. 47, on verdict for plaintiff in case of Charles Kipp v. Central Railroad Co. of New Jersey. Trespass to recover damages for personal injuries. Before Stewart, P. J. At the trial the jury returned a verdict for the plaintiff for $4,000. Subsequently judgment was entered for plaintiff for $2,000, all above that amount having been remitted. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff met with the injuries and sustained the loss in property of which he complains and charges to the negligence of the defendant, while attempting with his horse and wagon to cross over at a public crossing on Main street in the Borough of Bethlehem the two tracks of the defendant company. He had without mishap crossed the first track, the track used for westbound traffic, and had just about cleared the second track, used for eastbound traffic, when a passing train struck the rear wheel of his wagon with the result that he was thrown from the wagon,…
2Cases cited5 opinions
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889
- Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
- Pennsylvania Railroad v. AckermanSupreme Court of Pennsylvania · 1873
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- Schofield v. Director General of RailroadsSupreme Court of Pennsylvania · 1923
- Gibbons v. N. O. Terminal Co.Louisiana Court of Appeal · 1925
- Witkowski v. Lehigh Valley Railroad Co.Supreme Court of Pennsylvania · 1940
- Delaware & Hudson Co. v. BoydenCourt of Appeals for the Third Circuit · 1921
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