Frazier v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Westmoreland county. This was an action on the case brought against the Pennsylvania Railroad Company by William Frazier, who was a brakes-man employed by the defendants, to recover damages for personal injuries received by him in the course of his employment, by reason of a collision of trains, caused by the negligence of one of the conductors of the defendant.
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Error to tbe Common Pleas of Westmoreland county. This was an action on the case brought against the Pennsylvania Railroad Company by William Frazier, who was a brakes-man employed by the defendants, to recover damages for personal injuries received by him in the course of his employment, by reason of a collision of trains, caused by the negligence of one of the conductors of the defendant. The declaration contained five counts, setting forth the alleged injury and the manner in which it occurred, averring also that it was the duty of the company to furnish a skilful, prudent, careful', and…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— The fundamental averment here is, that it was because of the carelessness of the conductor that the brakesman was injured, and, in order to show that the company was responsible for this, it is averred that they were in fault in knowingly or negligently employing a careless conductor. The first count avers the duty of the company to have a careful and skilful conductor, and that this -one was not so and they knew it. The third, fourth, and fifth counts aver, that the company might by proper care have known the conductor’s character for…
2Cases cited2 opinions
- McMillan v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Carle v. Bangor & Piscataqis Canal & RailroadSupreme Judicial Court of Maine · 1857
3Cited by15 opinions
- Coath v. JonesSuperior Court of Pennsylvania · 1980
- Repyneck v. TarantinoSupreme Court of Pennsylvania · 1964
- Commonwealth v. GaranchoskieSupreme Court of Pennsylvania · 1916
- United States v. TomchekUnited States Court of Military Appeals · 1977
- Rosenstiel v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
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