Dunne v. Pennsylvania Railroad

Citations

• 249 Pa. 76
• 94 A. 479
• 1915 Pa. LEXIS 678

Syllabus

<p>Negligence—Trespassers on trains—Ejection of trespassers from moving trains—Liability of master—Evidence of employment— Case for jury.</p> <p>1. A master is responsible for tbe torts of bis servant done in tbe course of bis employment with a view to tbe furtberance of tbe master’s business and not for a purpose personal to bimself, whether the same be done negligently or wilfully, but within the scope of the agency, or in excess of the agent’s authority, or contrary to tbe express instructions of the master.</p> <p>2. In an action against a railroad company to recover damages for personal injuries it appeared that plaintiff, a boy fourteen years of age was seated on a box car while stealing a ride on defendant’s freight train which was running at a speed of twenty miles an hour; that a man carrying a lantern in one hand and a stick in the other approached along the top of the next car, ordered plaintiff to get off tbe train and threw tbe stick at him; that in attempting to descend plaintiff was struck by a bridge support and knocked off, fell under the wheels, and received the injuries complained of. Defendant’s conductor testified that it was part of the duty of brakemen to require trespassers to leave the train when it was at rest, and that he had given orders never to require them to leave the train when it was in motion. The trial judge submitted the case to the jury which found a verdict for plaintiff upon which judgment was entered. Held, the evidence was sufficient to support a finding that the person who ordered plaintiff to leave the train was a brakeman, and that in requiring plaintiff to leave the train he was acting in the line of his employment.</p>