Grogan v. J. H. Hinkle & Co.
Superior Court of Pennsylvania
Appeal, No. 36, Oct. T., 1918, by defendant, from judgment of Municipal Court Philadelphia Co., July T., 1917, No. 158, on verdict for plaintiff: in case of Joseph Grogan v. J. H. Hinkle & Co.,Tnc. Trespass to recover damages for personal injuries. Before Wheeler, J. The opinion of the Superior Court states the circumstances of the accident.
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Appeal, No. 36, Oct. T., 1918, by defendant, from judgment of Municipal Court Philadelphia Co., July T., 1917, No. 158, on verdict for plaintiff: in case of Joseph Grogan v. J. H. Hinkle & Co.,Tnc. Trespass to recover damages for personal injuries. Before Wheeler, J. The opinion of the Superior Court states the circumstances of the accident. The court charged in part as follows: [As you have been instructed before, gentlemen of the jury, negligence is the failure to exercise that degree of care that an ordinarily prudent man would use under similar circumstances. It is by this definition and…
1Opinion of the Court
Opinion by
Kephakt, J.,
Generally speaking, a fellow servant is one .who is under the direction and control of the same master, and servants of different masters are not deemed fellow servants within this rule, although they , are working together for the same ultimate purpose on the same premises. “Where a servant works side by side with one employed by his master as an independent contractor, or with a servant of such contractor, or the latter servant works with the servant of a subcontractor, they are not fellow servants even though they help to do the same work for the benefit of the same…
2Cases cited4 opinions
- Johnston v. Ott Bros.Supreme Court of Pennsylvania · 1893
- Kitchen v. Riter-Conley Manufacturing Co.Supreme Court of Pennsylvania · 1904
- Urban v. FochtSupreme Court of Pennsylvania · 1911
- Alexander v. Maryland Steel Co.Supreme Court of Pennsylvania · 1899
3Cited by3 opinions
- McKnight v. S. S. Kresge Co.Supreme Court of Pennsylvania · 1926
- Sharble v. Kuehnle-Wilson, Inc.Supreme Court of Pennsylvania · 1948
- Schilling v. Pittsburgh Engineering, Foundry & Construction Co.Supreme Court of Pennsylvania · 1934