Booker v. Pennsylvania Railroad

Opinion by

Keller, J.,

Plaintiff’s suitcase was lost through the negligence of one of defendant’s red-cap porters. She brought this action of trespass to recover the damages thereby sustained. The railroad company defends on the ground that the porter, while in the act of carrying plaintiff’s luggage from the waiting room to the train she was about to board, was not its employee, but was for the time being the plaintiff’s personal servant. Two things prevent our adopting this view.(1) Under the pleadings the defendant was not in a position to raise such defense. The plaintiff in her statement…