Royer v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1917, by defendant, from judgment of C. P. Allegheny Co., July T., 1916, No. 342, on verdict for plaintiff in case of Jobn M. Royer v. Pennsylvania Railroad Company. Trespass for personal injuries. Before Carnahan, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing défendant’s motion for judgment non'obstante veredicto.
1Opinion of the Court
Opinion by
Me. Justice Potter,
The plaintiff brought this action of trespass to recover damages for injuries resulting, as he claimed, from the negligence of an employee of defendant company.- He was employed as a locomotive fireman, upon an engine drawing á train engaged in interstate commerce, so that the case is governed' by Federal law, and the fellow-servant rule does not' apply. The contention of the plaintiff is that, on April 24,1914, his engine had stopped at a yard, en route, and was being supplied with water. He was at the time standing upon the tender holding the arm of a water…
2Cited by2 opinions
- Southern California Edison Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1925
- Texas Company v. BrandtSupreme Court of Oklahoma · 1920