Fleming v. Penna. R. R.

Citations

• 2 Monag. 743
• 1890 Pa. LEXIS 1297

Syllabus

<p>In an action for damages for the death of an employee of a contractor to widen the road bed of the railroad company defendant, the evidence showed that the employee was killed by a passing train, which gave no signal, while he was wheeling material, on a plank placed between the tracks by the contractor, to workmen under the tracks who were constructing a bridge to support the tracks. The supreme court held that the court below properly entered a non-suit on the ground that the case was within the Act of April 4, 1868, providing that, when any person shall sustain any injury or loss of life while lawfully engaged or employed on or about the roads, works, depots and premises of a railroad company, or in or about any train or car therein or thereon, of which company such person is not an employee, the right of action and recovery in all such cases against the company shall be such only as would exist if such person were an employee, provided that this section shall not apply to passengers ; and the court subsequently refused a re-argument,</p> <p>The supreme court also refused a re-argument asked on the ground that the tacit requirement or the authorization of the requirement of the use of the dangerous means of work in this case was not a violation, by defendant, of the obligation of a master to furnish a safe place in which his servant may work.</p> <p>A re-argument was also refused which was asked on the ground that the court had overlooked the distinction between the liability of a master resulting from the negligence of a servant of the common employer of the person injured, and such negligent servant, and that resulting from the negligence of one in a common employment with the injured person.</p>