Lewis v. Seifert

Citations

• 116 Pa. 628
• 11 A. 514
• 1887 Pa. LEXIS 430

Syllabus

<p>1. One who enters upon the service of another, takes on himself all the ordinary risks of the employment, and the negligent acts of fellow-workmen in the general course of the employment are' within those ordinary risks.</p> <p>2. To constitute fellow servants within the rule, employees need not be at the same time engaged in the same particular work, provided they are in the employment of the same master, engaged in the same common work, and performing duties and services for the same general purpose; and this, though one injured may be inferior in grade and subject to the direction and control of a superior whose act has caused the injury.</p> <p>3. But there are duties which the master owes to a servant, from which he cannot relieve himself except by performance; and when these duties .are delegated to an agent, such agent stands in the place of the principal and the latter is responsible for his acts.</p> <p>4. When the master or superior ¿daces the entire charge of his business, or a distinct branch of it, in the hands of an agent or subordinate, exercising no discretion or oversight of his own, the master is liable for the negligence of such agent or subordinate.</p> <p>5. A train dispatcher wielding the power and authority of a railroad company in the moving of teams, in the changing of schedules or the making of new ones as exigencies require, is not a fellow servant with a train-employee; and for his negligence, which is the proximate cause of an injury to such employee, the company is liable in damages.</p> <p>6. The testimony of ¿¡raetical railroad men, called as experts to testify as to the proper methods of passing trains on a single-track road, is admissible.</p> <p>7. Semble: In an action for injuries from negligence against the receivers of a railroad corporation, service of the summons may be made by the sheriff of the jurisdiction upon the defendants in any county or place where found.</p>