O'Donnell v. Allegheny Valley Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: No. 94, to October and November Term 1867. This was an action on the case brought, May 6th 1862, by Dennis O’Donnell against The Allegheny Valley Railroad Company. The case was in the Supreme Court before, and the judgment reversed: 14 Wright 490. The plaintiff was-a journeyman carpenter in the employ of the defendants under Edward Liston, the master carpenter.
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Error to the Court of Common Pleas of Armstrong county: No. 94, to October and November Term 1867. This was an action on the case brought, May 6th 1862, by Dennis O’Donnell against The Allegheny Valley Railroad Company. The case was in the Supreme Court before, and the judgment reversed: 14 Wright 490. The plaintiff was-a journeyman carpenter in the employ of the defendants under Edward Liston, the master carpenter. The company were repairing one of their bridges over the Kiskiminetas, about 15 miles south of Kittanning, where the plaintiff with other hands lived. They went to their work by…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Agnew, J.
On the former writ of error in this case judgment was reversed because the testimony of Mr. Liston had been rejected, bearing on the question whether the plaintiff was a passenger entitled to a safe transit, or a mere servant running the risk of the negligence of his fellow servants. The testimony of Mr. Liston on the second trial was more clear and pointed upon this question than it had been on the first. The substance of it is this: He had the supervision of the carpenter work on the road from Kittanning to Pittsburg, and…
2Cases cited1 opinion
- City of Athens v. DodsonTennessee Supreme Court · 1926
3Cited by16 opinions
- McNulty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Strohl v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1921
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
- Dayton Coal & Iron Co. v. DoddCourt of Appeals for the Sixth Circuit · 1911
- Enos v. R. I. Suburban Railway Co.Supreme Court of Rhode Island · 1907
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