McFarlan v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 323, Jan. T., 1901, by defendant, from judgment of C. P. Chester Co., Oct. T., 1899, No. 48, on verdict for plaintiff, in case of John D. McFarlan v. Pennsylvania Railroad Company. Trespass to recover damages for an assault by a conductor.
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Appeal, No. 323, Jan. T., 1901, by defendant, from judgment of C. P. Chester Co., Oct. T., 1899, No. 48, on verdict for plaintiff, in case of John D. McFarlan v. Pennsylvania Railroad Company. Trespass to recover damages for an assault by a conductor. Before Butler, J. At the trial plaintiff produced evidence which tended to show that on August 2, 1899, as he was about to enter a car at Frazer station, the conductor on the train seized him by the back of his coat collar and threw him to the ground, injuring him severely. One of the witnesses testified that when the conductor caught hold of…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
For a wilful or intentional trespass by an employee outside of the line of his duty under his employment it is settled that the employer is not responsible, even though it be committed while the servant is in the exercise of his employment. But in the latter case, its wilful and separate character must appear.
Plaintiff declared for an unprovoked assault upon him by the conductor as he was about to enter the train and the defense was a total denial that any such assault took place. Appellant now argues that as the jury have found in the plaintiff’s favor that the…
2Cited by11 opinions
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- Berryman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Straiton v. RosinskySuperior Court of Pennsylvania · 1957
- Greb v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
- Schroeder v. Gulf Ref. Co., (No. 1)Supreme Court of Pennsylvania · 1930
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