Philadelphia & Reading Railroad v. Ervin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, • No. 1, of Philadelphia county: Of January Term 1878; No. 250. Case by James Ervin against the Philadelphia' and Reading Railroad Company. The narr. contained three counts.
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Error to the Court of Common Pleas, • No. 1, of Philadelphia county: Of January Term 1878; No. 250. Case by James Ervin against the Philadelphia' and Reading Railroad Company. The narr. contained three counts. The first alleged that .the defendant had two wharves upon the Delaware river, and had made a passage-way along the river edge between said wharves, and that it had erected on said wharves a cap-log; that the plaintiff was a porter, having a'horse.and cart, which, at the time of alleged grievance, was being used by Min upon said wharves ; that defendant wrongfully removed sniff…
1Opinion of the CourtJustice Gordon
In the determination of this case it is of no kind of consequence whether the wharf of the defendant below was a public or private one, since the plaintiff was there not as a trespasser nor by mere license, but upon not only his own business but also that of the company. It was engaged in the transportation and sale of coal, and he .was engaged in delivering it to the company’s customers, so that whilst he was not employed directly by the defendant, yet, it profited by his employment. The company then in this manner inviting and making it necessary for carters to come upon its premises, was…
2Cited by9 opinions
- Memphis Street Railway Co. v. HaynesTennessee Supreme Court · 1904
- McCrory Corp. v. FowlerCourt of Appeals of Maryland · 1990
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- McNerney v. Reading CitySupreme Court of Pennsylvania · 1892
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
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