Hurley v. Western Allegheny Railroad

Citations

• 238 Pa. 65
• 85 A. 1133
• 1913 Pa. LEXIS 924

Syllabus

<p>Negligence — Railroads—Master and servant — Fellow servant — ■ Act of June 10, 1907, P. L. BBS.</p> <p>1. In an action by an employee of a railroad company against his employer to recover damages for personal injuries, a nonsuit is properly entered, where it appears that the plaintiff was one of a number of men engaged in building a railway trestle, and that at the time he was injured was working with the foreman, on a scaffold ; that the foreman directed a fellow workman to get the blocks ready to raise material for the work; and that in carrying out this order the workman jerked a rope in such a manner that it struck a plank on which the plaintiff was standing and caused his fall.</p> <p>2. The Act of June 10, 1907, P. L. 523, applies where there is negligence in giving an order, the execution of which would naturally and reasonably cause injury, but it has no application where the only negligence shown is in the manner in which a proper order is executed.</p>