Magnuson v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 235, Oct. T., 1913, by defendant, from ¿judgment of C. P. Cambria Co., Dec. T., 1906, No. 57, on verdict for plaintiff in case of Lina Magnuson, widow of John Bernt Magnuson v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Stephens, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 235, Oct. T., 1913, by defendant, from ¿judgment of C. P. Cambria Co., Dec. T., 1906, No. 57, on verdict for plaintiff in case of Lina Magnuson, widow of John Bernt Magnuson v. The Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Stephens, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for. plaintiff for $2,400. Subsequently the court refused a motion for judgment for defendant n. o. v. Defendant appealed. Error assigned was, inter alia, in refusing the motion for judgment for defendant n. o. v.
1Opinion of the Court
Pee Curiam,
The plaintiff’s husband was employed by a coal company which owned a side track leading from its repair yards to the tracks of the defendant, and of which the defendant had a limited permissive use. He was a repairman, and when injured was working in the yard of the coal company under a car belonging to it against which a car of the defendant was pushed. The main ground of defense at the trial and the only one that need be noticed was that the deceased was a fellow servant under the provisions of the Act of April 4, 1868, P. L. 58.
One test of the application of the Act of 1868 is…
2Cases cited1 opinion
- Spisak v. Balt. & Ohio R. R.Supreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Neary v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1918
- Nadazny v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920