Kelly v. Union Traction Co.

Citations

• 199 Pa. 322
• 49 A. 70
• 1901 Pa. LEXIS 600

Syllabus

<p>Negligence—Street railways—Master and servant—Fellow-servant—Act of April 4, 1868, P. L. 58.</p> <p>In an action by a conductor of a street railway company against another street railway company to recover damages for personal injuries sustained by the negligence of a motorman of the second company, the Act of April 4, 1868, P. L. 58, relating to injuries sustained by persons “ while lawfully engaged or employed on or about the roads, works, depots and premises of a railroad company,” does not apply, where it appears that the two companies by an arrangement between them jointly used double tracks in a street, and that the plaintiff while at work at the terminus in the act of putting up the fender of his car was struck by a car of the defendant which, owing to the negligence of its motorman who failed to turn a switch connecting the two tracks, ran onto the south track, where the plaintiff was standing instead of the north track where it should have gone, and struck him. In such a case the road is the road of the company using it, and an employee of that company lawfully engaged in its service cannot be said to be employed about the road of the other company.</p>