Pittsburgh & Connellsville Railroad v. Sentmeyer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and" November Term 1877, No. 289. Case by Daniel Sentmeyer and Susan Sentmeyer, his wife, against the Pittsburgh & Connellsville Railroad Company, to recover damages for the death of their son, alleged to have been killed by the negligence of defendants. The son of the plaintiffs, a young man about sixteen years old, was employed as a hrakeman on a freight train of the defendant company.
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Error to the Court of Common Pleas of Fayette county: Of October and" November Term 1877, No. 289. Case by Daniel Sentmeyer and Susan Sentmeyer, his wife, against the Pittsburgh & Connellsville Railroad Company, to recover damages for the death of their son, alleged to have been killed by the negligence of defendants. The son of the plaintiffs, a young man about sixteen years old, was employed as a hrakeman on a freight train of the defendant company. While thus employed, On the 26th of March 1872, he was knocked or fell off the top of a freight car and was killed, under the following…
1Opinion of the CourtJustice Gordon
Where a railroad company voluntarily subjects its employees to dangers which it ought to provide against, and an accident happens to an employee from a want of proper provision against such dangers, the company is undoubtedly liable. But, on the other hand, it is not liable for accident happening from the ordinary risks and dangers of the business, for it is a legal presumption that the servant assumed the risk of such accidents when he entered the service of the company. Patterson v. Railroad Co., 26 P. F. Smith 389. Again, we may further extend, this rule by saying, that the servant, or…
2Cited by13 opinions
- Boyd v. HarrisSupreme Court of Pennsylvania · 1896
- Dooner v. President of DelawareSupreme Court of Pennsylvania · 1895
- Southern Ry. Co. v. BentleyAlabama Court of Appeals · 1911
- Augerstein v. JonesSupreme Court of Pennsylvania · 1891
- Lehigh Coal Co. v. Hayes, Pennsylvania Court of Common Pleas, Luzerne County1889
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