Deni v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1897, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 121, refusing to set aside nonsuit. Trespass for death of plaintiff’s son. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Stephen Deni came to this country in 1889, and he was then •twenty-seven years old. While employed by the defendant company as a laborer on its roadbed or track, he was on October 28, 1894, killed in a collision which was imputed to the negligence of his employer. It is claimed that inasmuch as his day’s work was done and he was in the company’s car for the .purpose of riding in it to his boarding place, he was a passenger and not an employee of the company when the collision occurred. For the purposes of this case he may be considered as a passenger at the…
2Cases cited2 opinions
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- McMillan v. Spider Lake Saw Mill & Lumber Co.Wisconsin Supreme Court · 1902
- Renlund v. Commodore Mining Co.Supreme Court of Minnesota · 1903
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