Philad. Traction Co. v. Orbann
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA CO. No. 85 July Term 1887, Sup. Ct.; court below, No. 384 June Term 1886, C. P. No. 3. On August 5,1886, Charles T. Orbann, by his next friend Harry McKnight, brought an action against The Philadelphia Traction Company, to recover damages for personal injuries.
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ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA CO. No. 85 July Term 1887, Sup. Ct.; court below, No. 384 June Term 1886, C. P. No. 3. On August 5,1886, Charles T. Orbann, by his next friend Harry McKnight, brought an action against The Philadelphia Traction Company, to recover damages for personal injuries. At the trial on January 26,1887, it was made to appear that in May, 1886, the plaintiff, a newsboy about twelve years of age, had been in the front car of the defendant company, near Market and Third streets, calling his papers, and was about to leave. When on the lower step of…
1Opinion of the Court
*41Opinion,
Mr. Justice Clark :
Charles T. Orbann brings this suit against the Philadelphia Traction Company, to recover damages for a personal injury received through the alleged negligence of the company’s servants. It is contended on part of the company, in the first place, that Orbann, at the time of the injury, was engaged or employed on or about the road or cars of the company, within the meaning of the act of April 4, 1868, P. L. 58, and, therefore, that his right of action and recovery was only such as he would have if he were an employee of the company; that the conductor must be regarded…
2Cases cited11 opinions
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- Southern Railroad v. KendrickMississippi Supreme Court · 1866
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