Supreme Court of Pennsylvania, 1853

New Jersey Railroad v. Kennard

New Jersey Railroad v. Kennard
Supreme Court of Pennsylvania · Decided October 12, 1853
21 Pa. 203; 1853 Pa. LEXIS 99

New Jersey Railroad v. Kennard

Opinion of the Court

Per Curiam.

— This case was rightly tried at Nisi Prius, and the principles on which the cause was submitted to the jury, are entirely correct. The language of the learned judge who presided at the trial, seems to be too broad as a general principle, where he says that “ no car is good if the windows are not so constructed as to prevent the passengers from putting their limbs through them.” But in its application to a road, which in some places is so narrow as to endanger projecting limbs, as here, the instruction is proper. Judgment affirmed.

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