Delaware L. & W. R. Co. v. Cadow
Citations
- 120 Pa. 559
- 14 A. 450
- 1888 Pa. LEXIS 511
Syllabus
<p>1. Ordinarily, tlie existence of negligence is a question of fact for tluj jury, but when the facts are uncontroverted their legal effect is a tion of law for the court.</p> <p>2. One cannot recover damages for an injury which by the exercise of reasonable care he might have avoided.</p> <p>3. When it was uneontroverted that the plaintiff, a cripple with a stiff leg, left a safe path along the sidewalk of a street, to pass hastily, in the night time and without a light, diagonally over a railroad crossing, the condition of which he did not know, and stumbled among the rails and planking, fell and was injured, it was error to refuse binding instructions that the verdict should be for the defendant.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- collateral estoppel does not apply in rate case with respect to an issue on which the law was changed by a decision of the Pennsylvania Supreme Court
- collateral estoppel is designated to prevent relitigation of issues which have once been decided and have remained substantially static, factually and legally
- collateral estoppel is designated to prevent relitigation of issues which have once been decided and have remained substantially static, factually and legally
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Gordon, Green, Paxson, Sterbett, Trunkby, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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