Laporte v. Pittsburg & Lake Erie Railroad

Citations

• 209 Pa. 469
• 58 A. 860
• 1904 Pa. LEXIS 651

Syllabus

<p>Negligence—Railroads—Fellow servant—Act of April 4, 1868, P. L. 58— Nonsuit.</p> <p>In an action against a railroad company to recover damages for personal injuries it appeared that the plaintiff was employed by a coke company to shift cars on three side tracks of the coke company, the cars being placed on the side tracks by the defendant, the railroad company. The railroad company each morning placed empty cars on the three side tracks, and the plaintiff’s duty was to, shift the cars on all three side tracks into position for loading in front of the ovens. This could be done by gravity without the aid of an engine. On the morning of the accident the railroad employees delivered cars on one of the side tracks, and the plaintiff was advised by the freight conductor that no more cars were to come on that particular track. Plaintiff then proceeded to work. The switch of the track on which the plaintiff was working had, through the neglect of some one, been left open, and the cars which were intended for another of the side tracks ran through the open switch and started a car on which the plaintiff was working, severely injuring him. Held, that the plaintiff under the act of April 4, 1868, was a fellow servant of the railroad company’s employees by whose neglect the switch had been left open, and that he was not entitled to recover.</p>