Kinney v. Corbin
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 153 July Term 1889, Sup. Ct.; court below, No 52 December Term 1887, C. P. On November 5, 1887, Patrick Kinney brought trespass against Austin Corbin, George DeB. Keim and Stephen A. Caldwell, receivers of the Philadelphia & Reading Railroad Co., to recover damages for injuries received by the plaintiff while engaged in the service of tlie defendant companjL Issue.
Read the full summary
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 153 July Term 1889, Sup. Ct.; court below, No 52 December Term 1887, C. P. On November 5, 1887, Patrick Kinney brought trespass against Austin Corbin, George DeB. Keim and Stephen A. Caldwell, receivers of the Philadelphia & Reading Railroad Co., to recover damages for injuries received by the plaintiff while engaged in the service of tlie defendant companjL Issue. At the trial on December 17,1888, before Weand, J., at the close of the testimony showing the facts sufficiently appearing in. the opinion of the court…
1Opinion of the Court
Per Curiam :
The negligence in this case was not that of the defendant company, but of Missimer, the boss or foreman, under whom the plaintiff was working, and who was, under all our cases, a fellow-workman. This was of itself sufficient to justify the learned judge below in entering a judgment of nonsuit. Aside from this, he makes out, upon the uncontradicted testimony, a very strong case of contributory negligence.
Judgment affirmed.
2Cited by2 opinions
- Pette's Admr. v. Old English Slate QuarrySupreme Court of Vermont · 1916
- McGinley v. LeveringSupreme Court of Pennsylvania · 1893