Gaussman v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 39, Oct. T., 1913, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1909, on verdict for plaintiff in case of Frederick C. Gaussman v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $324. Plaintiff appealed. Error assigned was in refusing binding instructions" for defendant.
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Appeal, No. 39, Oct. T., 1913, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1909, on verdict for plaintiff in case of Frederick C. Gaussman v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $324. Plaintiff appealed. Error assigned was in refusing binding instructions" for defendant. The burden is upon the plaintiff to show that the injury was caused by a servant of the defendant while acting within the scope of his employment: Guille…
1Opinion of the Court
Opinion bt
Head, J.,
The plaintiff, intending to take passage on one of the defendant’s trains, came into its station at Wayne Junction for the purpose of procuring a ticket. The agent of the company was just about going on duty for the night. His work was performed in a small office or compartment separated from the main room by partitions composed, at least in part, of opaque glass. *544It appears a loaded revolver was kept by him for the protection of himself and of the company’s property in his custody. As part of his preparation for the night’s work, he removed the loaded revolver from the…
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