Rosenstiel v. Pittsburg Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 154, Oct. T., 1910, by defendant, from judgment of C. P. No. 3, Allegheny Co., August T., 1906, No. 721, on verdict for plaintiff in case of Ida B. Rosenstiel v. Pittsburg Railways Company. Trespass to recover damages for death of plaintiff’s husband. Before Evans, J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 154, Oct. T., 1910, by defendant, from judgment of C. P. No. 3, Allegheny Co., August T., 1906, No. 721, on verdict for plaintiff in case of Ida B. Rosenstiel v. Pittsburg Railways Company. Trespass to recover damages for death of plaintiff’s husband. Before Evans, J. The facts appear in the opinion of the Supreme Court. The trial judge, in the course of his charge, instructed: “The employer is never liable to the employee for an injury occasioned through the negligence of a fellow employee unless the employer was negligent in keeping an incompetent man in its employ. So that it…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Crawford B. Rosentiel, a lineman in the employ of the defendant company, was killed on November 10, 1905, while engaged at work on the repair of an overhead trolley wire. His death was due to the act of Joseph Staley, a motorman in the employ of the same company, who ran his car into the ladder upon which Rosentiel was standing. The plaintiff, the decedent’s widow, recovered a verdict, and the defendant has appealed. The statement of claim avers the facts as we have given them, with certain details surrounding the accident, that Staley was a reckless,…
2Cases cited16 opinions
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Hamory v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1909
- Elliott v. BoylesSupreme Court of Pennsylvania · 1857
- Park v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Frazier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1861
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3Cited by10 opinions
- Dempsey v. Walso Bureau, Inc.Supreme Court of Pennsylvania · 1968
- Boyd v. SmithSupreme Court of Pennsylvania · 1953
- Coath v. JonesSuperior Court of Pennsylvania · 1980
- Repyneck v. TarantinoSupreme Court of Pennsylvania · 1964
- Wolverine Glass Co. v. MillerSupreme Court of Pennsylvania · 1924
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