Miller v. Northern Central Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 167, Jan. T., 1906, by plaintiff, from order of C. P. Northumberland Co., Sept. T., 1904, No. 415, refusing to take off nonsuit in casepf Joseph A. Miller v. The Northern Central Railway Company, Lessee of the Shamokin Valley & Pottsville Railroad Company. Trespass to recover damages for death of plaintiff’s son.
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Appeal, No. 167, Jan. T., 1906, by plaintiff, from order of C. P. Northumberland Co., Sept. T., 1904, No. 415, refusing to take off nonsuit in casepf Joseph A. Miller v. The Northern Central Railway Company, Lessee of the Shamokin Valley & Pottsville Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Savidg-e, P. J. At the trial it appeared that a son of the plaintiff, Casper C. Miller, aged about twenty-two years, was employed by the Mineral Railroad and Mining Company, a coal mining company, to repair cars on the company’s siding. The cars belonged to the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Three questions are raised by this appeal: the negligence of the appellee, the contributory negligence of the deceased son, and the application of the act of 1868. The court below entered a nonsuit on the first two grounds, but held that the deceased was not a fellow servant within the meaning of the above-mentioned act. Being of opinion that the case at bar is ruled by Weaver v. P. & R. Ry. Co., 202 Pa. 620, it will not be necessary to consider the other questions raised. In the case cited this court held that where an iron company constructs a siding on its own…
2Cases cited2 opinions
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Weaver v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902