Keck v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 4, Jan. T., 1903, by-defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1901, No. 2915, on verdict for plaintiff in case of Eliza A. Keck v. Philadelphia & Reading Railway Company. Trespass for death of plaintiff’s husband. Before McMlchael, J. The material facts connected with the accident, out of which the action grew, were as follows: Plaintiff’s husband was employed as a locomotive engineer by the Central Railroad Company of New Jersey.
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Appeal, No. 4, Jan. T., 1903, by-defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1901, No. 2915, on verdict for plaintiff in case of Eliza A. Keck v. Philadelphia & Reading Railway Company. Trespass for death of plaintiff’s husband. Before McMlchael, J. The material facts connected with the accident, out of which the action grew, were as follows: Plaintiff’s husband was employed as a locomotive engineer by the Central Railroad Company of New Jersey. By permission of the Philadelphia and Reading Railway Company the Central Railroad Company at the place where the accident occurred…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
When the same tracks are used by two railroad companies, how far does the operation of the Act of April 4, 1868, P. L. 58, in relief of each from liability to the employees of the other, depend on the ownership or title to the tracks ? This question though more or less involved in some of the cases under the act has not been directly determined with reference to a general rule on the subject, unless in the recent case of Kelly v. Union Traction Co., 199 Pa. 322, which will be considered further on.
*503Independently of the statute each company was liable to the…
2Cases cited7 opinions
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Balt. & Ohio R. v. ColvinSupreme Court of Pennsylvania · 1888
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
- Catawissa Railroad v. ArmstrongSupreme Court of Pennsylvania · 1865
- Kelly v. Union Traction Co.Supreme Court of Pennsylvania · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Delaware & Hudson Co. v. YarringtonCourt of Appeals for the Third Circuit · 1907
- Yarrington v. Delaware & Hudson Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906
- Baker v. Philadelphia & R. Ry. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1907
- Hunt v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910