# Bishop v. Montour Railroad

> Supreme Court of Pennsylvania · November 23, 1954 · 379 Pa. 562

URL: https://www.frixlaw.com/law-library/cases/6257158

## Case

- **Full name:** Bishop v. Montour Railroad Company
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 23, 1954
- **Citations:** 379 Pa. 562; 109 A.2d 549; 1954 Pa. LEXIS 380
- **Precedential status:** Published
- **Opinion:** Dissent by Stern
- **Judges:** Arnold, Chidsey, Jones, Musmanno, Stearne, Stearns, Stern
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6257158

## Opinion text

Dissenting Opinion by
Mr. Chief Justice Horace Stern:
The complaint in this case is based on the allegation that defendant Railroad Company did not furnish plaintiff with a reasonably safe place in which to work. I do not find in the testimony that the accident happened at a place where plaintiff was, or ever had been, called upon to work, and therefore I do not think that it was the duty of the defendant to keep the space between its rails and ties at that point free of lumps of coal.
I therefore dissent from the refusal of the court to grant judgment n.o.v.
Mr. Justice Chidsey concurs in this dissenting opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6257158. Public record. Not legal advice.