Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 328. Case by Daniel Cummings, by his father, John Cummings, against the Pittsburgh, Cincinnati & St. Louis Railway Company, to recover damages for an injury to said Daniel Cummings, whereby 'he lost his leg. The lad, who was about fourteen years of age, was caught and crushed between two coal cars in the coal yard of Morris McCue.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 328. Case by Daniel Cummings, by his father, John Cummings, against the Pittsburgh, Cincinnati & St. Louis Railway Company, to recover damages for an injury to said Daniel Cummings, whereby 'he lost his leg. The lad, who was about fourteen years of age, was caught and crushed between two coal cars in the coal yard of Morris McCue. At this same point there are several coal yards which are supplied with coal brought in cars on the defendant railway. The ground on that side of the railroad at…
1Opinion of the Court
The judgment of the Supreme Court was entered November 17th 1879,
2Per curiam
This case is not distinguishable from Mulherrin v. Delaware, Lackawanna and Western Railroad Co., 31 P. F. Smith 366. The side track here, though upon the property of the plaintiff’s employee, was nevertheless used by the defendant and by his license. The plaintiff below was therefore employed on or about the defendant’s road, and within the very terms of the Act of 1868.
Judgment affirmed.
3Cited by9 opinions
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Christman v. Phila. R.Supreme Court of Pennsylvania · 1891
- Stone v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- Kelly v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Weaver v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
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