Ryan v. Cumberland Valley Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Franklin county. Action on the case by John Ryan against the company for damages occasioned by the breaking of his arm while in the employment of the company, and through the carelessness of their agents. The plaintiff, with many others, was employed by the defendants to make repairs on their road, and the work was carried on partly by means of a train of gravel cars, made to dump to either side, and moved- by locomotive power.
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Error to the Common Pleas of Franklin county. Action on the case by John Ryan against the company for damages occasioned by the breaking of his arm while in the employment of the company, and through the carelessness of their agents. The plaintiff, with many others, was employed by the defendants to make repairs on their road, and the work was carried on partly by means of a train of gravel cars, made to dump to either side, and moved- by locomotive power. He was a common laborer, employed in digging, and in filling the cars, and in such like work; and as the hands boarded in Chambersburg,…
1Opinion of the Court
*385The opinion of the Court was decided by
Lowrie, J.
The nature of the case requires the admission that it was the understanding of the parties that the hands were to ride on the gravel train to and from their work and at their work, and the plaintiff is entitled to use this fact as a part of his case. He cannot, however, use it as presenting the whole of the relation between him and the defendants. He was not a mere passenger on the defendants’ cars; because his travel upon them was really an incident of a different relation, that of a servant, and this the character in which we must regard him…
2Cases cited1 opinion
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
3Cited by10 opinions
- McNulty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
- Louisville & N. R. Co. v. StuberCourt of Appeals for the Sixth Circuit · 1901
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1903
- Alabama Great Southern Ry. v. BrockSupreme Court of Alabama · 1909
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