Evilhock v. Philadelphia, Harrisburg & Pittsburg Railroad
Supreme Court of Pennsylvania
Appeal, No. 30, July T., 1894, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1892, No. 192, on verdict for plaintiffs. Trespass to recover damages for the death of plaintiffs’ son. At the trial, it appeared that plaintiffs’ son, a minor, was employed by defendant company as a track laj-er. There was evidence which tended to show that Samuel Evans, an employee of defendant, had charge of the work where Evilhock was employed.
Read the full summary
Appeal, No. 30, July T., 1894, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1892, No. 192, on verdict for plaintiffs. Trespass to recover damages for the death of plaintiffs’ son. At the trial, it appeared that plaintiffs’ son, a minor, was employed by defendant company as a track laj-er. There was evidence which tended to show that Samuel Evans, an employee of defendant, had charge of the work where Evilhock was employed. On April 13, 1891, Evans together with Evilhock and other workmen loaded at Bowmansdale three gondola cars Avith ties, spikes, rails, etc., to take forward…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
As this case was presented at the trial in the common pleas the right to recover depended upon the relation which the foreman in charge of the work and the laborer who was accidentally killed bore to each other. If they were fellow workmen there was no ground for the action; if the foreman was a vice principal the plaintiffs made out a case which entitled them to go to the jury. The question as to this relation was made subordinate, and expressly so, to the inquiry whether the defendant had provided safe means for carrying the workmen to their work. This inquiry did…
2Cases cited1 opinion
- McGinley v. LeveringSupreme Court of Pennsylvania · 1893