Lewis v. Seifert
Supreme Court of Pennsylvania
No. 213 July Term 1886, Sup. Ct.; court below, No. 48 February Term 1882. Under the authority of an order from the Circuit Court of the U. S., E. D., on February 8, 1882, this suit was brought by Charles Seifert against Edwin M. Lewis, F. B. Gowen and Stephen A. Caldwell, receivers of the Philadelphia & Reading R. Co. The plaintiff was a locomotive engineer in the employ of the defendants, and ran a freight train, No. 71, between Philadelphia and South Bethlehem, on the…
Read the full summary
No. 213 July Term 1886, Sup. Ct.; court below, No. 48 February Term 1882. Under the authority of an order from the Circuit Court of the U. S., E. D., on February 8, 1882, this suit was brought by Charles Seifert against Edwin M. Lewis, F. B. Gowen and Stephen A. Caldwell, receivers of the Philadelphia & Reading R. Co. The plaintiff was a locomotive engineer in the employ of the defendants, and ran a freight train, No. 71, between Philadelphia and South Bethlehem, on the North Penn, branch of said railroad. On the morning of February 10, 1881, his engine was struck and demolished by a…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
It is clear that if this railroad accident was the result of the negligence of the station-agent at Rockhill, the plaintiff cannot recover, for the reason that said station-agent and the plaintiff were engaged admittedly in the same common employment. Seifert, the plaintiff, was the engineer of No. -71 freight train, and was injured by No. 8 passenger train colliding with it just as it was entering the switch at Rockhill to allow No. 8 to pass. Roth, the station-agent, had been ordered by wire to “ stop and hold No. 8 Express at Rockhill until *644No. 71 local freight…
2Cases cited4 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Hart v. . the Hudson River Bridge CompanyNew York Court of Appeals · 1881
- Phillips v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Blessing v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by42 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- Baltimore & O. R. v. CampCourt of Appeals for the Sixth Circuit · 1895
37 more not listed; retrieve them via the Exa API.