Philadelphia, Wilmington, & Baltimore R. v. Brannen
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 1, of Philadelphia County to review a judgment for plaintiff in an action for damages for a personal injury. This action was brought against the Philadelphia, Wilmington, & Baltimore Railroad Company, for injuries received by Catherine Brannen which resulted in the amputation of one of her legs.
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Error to the Common Pleas, No. 1, of Philadelphia County to review a judgment for plaintiff in an action for damages for a personal injury. This action was brought against the Philadelphia, Wilmington, & Baltimore Railroad Company, for injuries received by Catherine Brannen which resulted in the amputation of one of her legs. The injury was caused by the blowing of the whistle of a locomotive by an engineer of the company, in such a manner that it frightened a horse traveling upon the highway near the tracks of the company so that it ran away. The horse ran into and over Mrs. Brannen, causing…
1Opinion of the Court
Per Curiam :
It is well-settled lawT that the master is liable for the act of his servant within the general scope of his employment, although the specific act be done at a time and in a manner contrary to an express order of the master. Third persons can see and know the general scope of the employment in which the servant is engaged, but they have no means of knowing the secret orders given to him. They are, therefore, not affected by such orders. The answers to the several points submitted are quite as favorable as the company was entitled to receive. Under a fair *371charge, the jury found the…
2Cited by7 opinions
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- Tyler v. MooreOregon Supreme Court · 1924
- Dunne v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1915
- Boylan v. WorkmanSupreme Court of Iowa · 1928
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