New York, Lake Erie & Western R. R. v. Bell
Supreme Court of Pennsylvania
Error to Court of Common Pleas, of Susquehanna county: Of January Term, No. 208. Trespass on the case by Albert Bell against the New York, Lake Erie and Western Railroad Company to recover 'damages for injuries .sustained by being struck by an obstruction, a gas pipe, carelessly and negligently carried over a railroad track by the defendant, over which track it was the duty of the plaintiff to pass in the performance of his duty. Plea, Not guilty.
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Error to Court of Common Pleas, of Susquehanna county: Of January Term, No. 208. Trespass on the case by Albert Bell against the New York, Lake Erie and Western Railroad Company to recover 'damages for injuries .sustained by being struck by an obstruction, a gas pipe, carelessly and negligently carried over a railroad track by the defendant, over which track it was the duty of the plaintiff to pass in the performance of his duty. Plea, Not guilty. The following are the facts as they appeared on the trial before McCollum, P. J.: The New York, Lake Erie and Western Railroad Company are a…
1Opinion of the CourtJustice Paxson
The main question in this. ease has been so often decided that an extended discussion of it becomes unnecessary. It is sufficient to refer to Lehigh Valley Coal Co. v. Jones, 86 Pa. St. Rep., 432, where the rule is laid down as follows: “ The question arises who are fellow servants in contemplation of *408law? To constitute such they need not at the time be engaged in the same particular- work. It is sufficient if they are in the employment of the same master, engaged in the same common work, and performing duties and services for the same general purposes. The rule is the same, although the one…
2Cited by16 opinions
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- Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
- Mapes v. Pittsburg Provision & Packing Co.Superior Court of Pennsylvania · 1906
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