Greb v. Pennsylvania Railroad

Citations

• 41 Pa. Super. 61
• 1909 Pa. Super. LEXIS 13

Syllabus

<p>Master and servant — Trespass—Railroads—Passenger—Assault by trainmen.</p> <p>1. For a willful or intentional trespass by an employee outside of the line of his duty under his employment, the employer is not responsible even though it be committed while the servant was in the course of his employment; but in the latter case its willful and separate character must appear.</p> <p>2. Where two passengers have alighted from a train, and while proceeding along the station platform are pursued by the baggage master and the conductor of the train which they left, and wantonly and maliciously assaulted, they cannot recover damages' from the railroad company for the injuries sustained, inasmuch as the acts of the trainmen were outside of the scope and the range of their employment.</p>