Legal Opinion

New York, Lake Erie & Western R. R. v. Bell

Supreme Court of Pennsylvania

Decided May 10, 1886PublishedCited by 16 opinions

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.

Read the full summary

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

  1. Spees v. BoggsSupreme Court of Pennsylvania · 1901
  2. Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
  3. Flannegan v. Chesapeake & O. R'yWest Virginia Supreme Court · 1895
  4. Prevost v. Citizens' Ice & Refrigerating Co.Supreme Court of Pennsylvania · 1898
  5. Mapes v. Pittsburg Provision & Packing Co.Superior Court of Pennsylvania · 1906

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API