Mooney v. Pennsylvania Railroad

Supreme Court of Pennsylvania June 4, 1902

Mooney v. Pennsylvania Railroad, 203 Pa. 222 (Pa. 1902)

52 A. 191; 1902 Pa. LEXIS 690

Brown, Dean, McCollum, Mestrezat, Mitchell

Opinion of the Court

Per Curiam,

Unless we hold that the defendant company is responsible for the effect on the plaintiff of the “York State cider” and Nanticoke gin consumed by him on the day of the accident, we must sustain this nonsuit. They, and not the negligence of the defendant, were the cause of his injuries. There was no evidence whatever that the bridge was defectively constructed as alleged by the plaintiff, nor that his injuries were occasioned by the negligence of the defendant company. The nonsuit was properly entered by the court below and, therefore, the judgment is affirmed.

Reference

Full Case Name: Mooney v. Pennsylvania Railroad Company
Cited By: 4 cases
Status: Published
Syllabus: Negligence — Railroads—Bridge. In an action against a railroad company to recover damages for personal injuries from falling off a toll bridge maintained by the defendant, a nonsuit is properly entered, where the evidence shows that the bridge was properly constructed and in good condition, that there was a guard rail of such a height that a man walking on the bridge would be in no danger of toppling over the rail, that at the time of the occurrence the plaintiff was intoxicated, and that the fair inference from the testimony was that the plaintiff climbed over the rail while drunk and fell into the river.