Di Giosia v. Kerbaugh, Inc.

Citations

• 252 Pa. 535
• 97 A. 698
• 1916 Pa. LEXIS 655

Syllabus

<p>Negligence — Master and servant — Negligence of foreman — Fellow servant rule — Law of New York — Judgment for defendant n. o. v.</p> <p>In an action against a construction company to recover damages for injuries sustained by an employee while loading rails upon a freight car where it appeared that one of the rails had fallen from the car upon plaintiff injuring him severely, that the method provided for doing the work was a proper one, but that the accident resulted from the failure of the foreman to give proper directions, and that under the law of New York, where the cause of action arose, the foreman under such circumstances was a fellow servant of plaintiff, it was error to submit the ease to the jury and on appeal judgment for defendant n. o. v. was entered.</p>