Spisak v. Balt. & Ohio R. R.
Supreme Court of Pennsylvania
Appeal, No. 140, Oct. T., 1892, by defendant, from judgment of C. P. No. 1, Allegheny Co., on verdict for plaintiff, Frank Spisak. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 140, Oct. T., 1892, by defendant, from judgment of C. P. No. 1, Allegheny Co., on verdict for plaintiff, Frank Spisak. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Defendant’s points were as follows: “ 1. Under the undisputed facts shown by the evidence, the plaintiff, at the time of the injury sued for, was, by virtue of § 1 of the act of April 4,1868, P. L. 58, in the position of a fellow servant with the employees of the defendant in charge of the oars by whose alleged negligence the accident happened, and cannot therefore recover.”…
1Opinion of the Court
Opinion by
Mk. Justice Mitchell,
The words of the act of 1868 are, “ when any person shall sustain personal injury or loss of life while lawfully engaged or employed on or about the roads, works, depots and premises of a railroad company,” etc. In the first case that arose under the act, Kirby v. R. R. Co., 76 Pa. 506, this court passed only upon its constitutionality, but the injury to the plaintiff happened on a side track, part of the road and premises of the defendant company. It was clearly within the express words of the act. In the next case, Mulherrin v. R. R. Co., 81 Pa. 366, the place…
2Cases cited8 opinions
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Balt. & Ohio R. v. ColvinSupreme Court of Pennsylvania · 1888
- Cummings v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1879
- Christman v. Phila. R.Supreme Court of Pennsylvania · 1891
- Kirby v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McClure v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1913
- Sloan v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911
- Keck v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1903
- Weaver v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
- Magnuson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1913
6 more not listed; retrieve them via the Exa API.