Sellers v. Philadelphia & Reading Railway Company
| Decision Date | 05 March 1906 |
| Docket Number | 17 |
| Citation | 63 A. 606,214 Pa. 298 |
| Parties | Sellers, Appellant, v. Philadelphia & Reading Railway Company |
| Court | Pennsylvania Supreme Court |
Argued: February 7, 1906
Appeal, No. 17, Jan. T., 1906, by plaintiff, from order of C.P. Bucks Co., Jan. T., 1904, No. 17, refusing to take off nonsuit in case of Josiah Sellers v. The Philadelphia & Reading Railway Company. Affirmed.
Trespass to recover damages for personal injuries. Before STOUT, P.J.
The opinion of the Supreme Court states the case.
Error assigned was refusal to take off nonsuit.
Judgment affirmed.
Henry A. James, with him Harvey S. Kiser, for appellant.
Henry D. Paxson and William C. Ryan, for appellee, were not heard.
Before MITCHELL, C.J., FELL, BROWN, ELKIN and STEWART, JJ.
By appellant's own testimony he stopped at the bridge 101 feet from the railroad and looked and listened. At that point it was admitted that he had an uninterrupted view of the track for at least 672 feet, the weight of the evidence being that it was 972 feet. As he approached the railroad his view gradually extended, until just before coming on the track he could see 1,429 feet. His horse was struck on the track; whether or not the carriage actually reached the track did not appear. The learned judge held that the case was clearly within the line of cases from Carroll v. Penna. R.R. Co., 12 W.N.C. 346, down to Harvey v. Erie R.R. Co., 210 Pa. 95, and properly entered a nonsuit.
Judgment affirmed.
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