Trainor v. Phila. & R. R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OP COMMON PLEAS NO.'2 OP PHILADELPHIA COUNTY. No. 156 July Term 1889, Sup. Ct.; court below, No. 577 December Term 1887, C. P. No. 2. On January 30,1888, Peter Trainor brought trespass against the Philadelphia & Reading Railroad Company and George DeB.
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APPEAL BY DEPENDANT FROM THE COURT OP COMMON PLEAS NO.'2 OP PHILADELPHIA COUNTY. No. 156 July Term 1889, Sup. Ct.; court below, No. 577 December Term 1887, C. P. No. 2. On January 30,1888, Peter Trainor brought trespass against the Philadelphia & Reading Railroad Company and George DeB. Keim and others, receivers of said company, to recover damages for injuries received from the fall of a coal derrick upon him, averring in his statement of claim that said “ derrick was so carelessly, negligently and improperly constructed as to be dangerous to employees,” and that the “defendant carelessly,…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
In considering the portion of the charge which constitutes the first specifications of error, regard must be had to what precedes it. The learned judge had correctly stated who were fellow-servants, and if the company desired specific instructions on the point of the relation of McFadden to the appellee, *158under their employment, it should have requested them. In the absence of a request for them, their omission cannot be regarded as reversible error.
The question whethei McFadden was competent to superintend the work of taking down the pole was fairly raised by his…
2Cases cited3 opinions
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