Weger v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county. This was an action on the case, brought to April Term 1859, by Mary Weger, widow of John Weger, against the Pennsylvania Railroad Company, for negligence in their servants, which caused the death of her husband. Weger was a tender to stonemasons in the employ of the defendants, and John Wilber was the foreman.
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Error to the Court of Common Pleas of Dauphin county. This was an action on the case, brought to April Term 1859, by Mary Weger, widow of John Weger, against the Pennsylvania Railroad Company, for negligence in their servants, which caused the death of her husband. Weger was a tender to stonemasons in the employ of the defendants, and John Wilber was the foreman. The men were working at Bailey’s station, on the middle division of the road, and boarded at Newport, five miles distant. There was evidence that Wilber told the men to take the hand-car to go from Newport to Bailey’s; that he said…
1Opinion of the Court
The opinion of'the court was delivered, October 31st 1867, by
Bead, J.
— It seems to be now perfectly well settled in England, and mostly in this country, that a servant who is injured by the negligence or misconduct of a fellow-servant can maintain no action against thé master for such injury. But it seems to be conceded that if there be any fault in the selection of the other servants, or in continuing them in their places, after they have proved incompetent, perhaps, or in the employing unsafe machinery, the master will be answerable for all injury to his servants in consequence. The law…
2Cited by5 opinions
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- Weeks v. ScharerCourt of Appeals for the Eighth Circuit · 1901
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883