Fulford v. Lehigh Valley Railroad

Supreme Court of Pennsylvania April 4, 1898

Fulford v. Lehigh Valley Railroad, 185 Pa. 329 (Pa. 1898)

39 A. 1115; 1898 Pa. LEXIS 713

Ctjriam, Fell, McCollum, Mitchell, Steerett, Williams

Opinion of the Court

Per Ctjriam:,

This appeal is from the refusal of the court below to take off the judgment of nonsuit ordered by the learned president of the 34th judicial district who specially presided at the trial.

Without referring specially to the testimony and the absence of evidence necessary to justify submission of the case to a jury, we are satisfied that there was no error in refusing to take off the nonsuit. The assignment of error is not sustained.

Judgment affirmed.

Reference

Full Case Name: Henry Fulford v. Lehigh Valley Railroad Company
Cited By: 5 cases
Status: Published
Syllabus: Negligence — Railroad—Bridge—Engineer—Obvious danger. A locomotive engineer cannot recover damages from the railroad company which employs him, for injuries resulting from his head coming in contact with the side of a bridge, while he had his head out of the cab window to watch his train, where it appears that the engineer had frequently passed the bridge, although on narrower engines, and that the danger from protruding the head too far was obvious.