Legal Opinion

Hughes v. Murdoch Storage & Transfer Co.

Supreme Court of Pennsylvania

Decided December 31, 1920No. 1; Appeal, No. 155PublishedCited by 28 opinions

Appeal, No. 155, Oct. T., 1920, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1919, No. 1079, on verdict for defendant in case of John Francis Hughes, by his father and next friend, William Hughes and William Hughes v. The Murdoch Storage & Transfer Co. Trespass for personal injuries to a boy fourteen years old. Before Drew, J. The opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for defendant.

Read the full summary

Appeal, No. 155, Oct. T., 1920, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1919, No. 1079, on verdict for defendant in case of John Francis Hughes, by his father and next friend, William Hughes and William Hughes v. The Murdoch Storage & Transfer Co. Trespass for personal injuries to a boy fourteen years old. Before Drew, J. The opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned, inter alia, was above instruction, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

The principle enunciated in Petrowski v. R. R., 263 Pa. 531, and Minute v. R. R., 264 Pa. 93, does not control this case. Where infant trespassers are found on board a freight train by a man duly garbed as an employee, he may, in the performance of his duty of guarding and protecting the train, eject such persons, and it is immaterial how the boy got upon the cars, whether with or without permission. It is the duty of the employee to put him off, and when so acting he is within the scope of his employment, but in putting him off he must commit no negligent act…

2Cases cited6 opinions

  1. Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
  2. Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
  3. Byrne v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1918
  4. Scheel v. ShawSuperior Court of Pennsylvania · 1915
  5. Minute v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Zavodnick v. Rose SonSupreme Court of Pennsylvania · 1929
  2. McFadden v. Pennzoil CompanySupreme Court of Pennsylvania · 1941
  3. Liggett & Myers Tobacco Co. v. De ParcqCourt of Appeals for the Eighth Circuit · 1933
  4. Borzik v. MillerSupreme Court of Pennsylvania · 1960
  5. Monnet v. UllmanOregon Supreme Court · 1929

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API