Campbell v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas, No. 2, of Allegheny County to review a judgment of nonsuit in an action for damages for personal injuries. The facts as they appear in behalf of the plaintiff in error are as follows: Hugh Campbell came to this country in the early part of May, 1882. He was a steel worker by trade, and, after seeking and failing to obtain employment at his regular trade, he applied to Mr. Stewart, a general foreman or car master of defendant, for work.
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Error to tbe Court of Common Pleas, No. 2, of Allegheny County to review a judgment of nonsuit in an action for damages for personal injuries. The facts as they appear in behalf of the plaintiff in error are as follows: Hugh Campbell came to this country in the early part of May, 1882. He was a steel worker by trade, and, after seeking and failing to obtain employment at his regular trade, he applied to Mr. Stewart, a general foreman or car master of defendant, for work. He informed Mr. Stewart what his trade was, and that he had never worked about a railroad. He was told that employment…
1Opinion of the Court
Opinion by
Mb. Justice Stebbett :
It clearly appears from the testimony that the immediate cause of the unfortunate accident which befell plaintiff was the negligence of the brakeman in recklessly undertaking to drop in, on the track where plaintiff was working, a greater number of cars than he was able to control without assistance. The brakeman and plaintiff were engaged in different branches of the same general service, but in the discharge of their respective duties, they were brought in such close proximity to each other that the negligence of the former in carelessly dropping in cars…
2Cited by1 opinion
- Schaible v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1893