Cunningham v. Pennsylvania Railroad

Citations

• 217 Pa. 97
• 66 A. 236
• 1907 Pa. LEXIS 661

Syllabus

<p>Negligence — Railroads—Master and servant — Fellow servant — Vice principal.</p> <p>A workman on a construction train was injured by the sudden starting of the train without warning upon the signal of the supervisor of the construction work who was not in charge of the train and was 175 yards away from it at the point to which he wanted it to advance for the purpose of unloading. The duty to give warning of any movement of the train did not rest with the supervisor but with those in charge of it. Held, that even if the supervisor were a vice principal (which is not decided) there was nothing to show negligence upon his part and that the plaintiff was not entitled to recover.</p>