Evilhock v. Philadelphia, Harrisburg & Pittsburg Railroad

Citations

• 169 Pa. 592
• 32 A. 588
• 1895 Pa. LEXIS 1133

Syllabus

<p>Negligence — Railroads— Vice principal and colaborer.</p> <p>Plaintiffs’ son was killed on a truck which was being pushed in front of a backing construction train used in laying track. The truck was an appliance used in laying rails, and it was being moved from one part of the work to another for that purpose, and not as a moans of transportation for the workmen. Deceased was on the truck by direction of the foreman, for the purpose of aiding in moving it, and not for the purpose of being carried to his work. The court charged that the question for the jury to consider was whether the company had provided a reasonably safe conveyance to carry the boy to his work. Held, that the instruction was misleading; that the right of plaintiffs to recover depended on whether the foreman was a vice principal or colaborer, and that a judgment on a verdict for plaintiffs should be reversed.</p>