McNulty v. Pennsylvania Railroad

Citations

• 182 Pa. 479
• 38 A. 524
• 1897 Pa. LEXIS 833

Syllabus

<p>Negligence — Railroads — Passenger — Master and servant — Fellow servant.</p> <p>A person employed by a railroad company at a certain amount of wages per day and free transportation to and from his home is to be regarded as a passenger while traveling to his home after his day’s work is done; and if he is injured or killed while on the train by the negligence of another employee of the company, he is not within the rule which relieves the master from liability for an injury to a servant caused by the negligence of a fellow servant.</p> <p>Practice, 8. 0. — Assignments of error.</p> <p>An assignment of error that “ the trial judge erred in charging the jury that the decedent was a passenger,” without quoting any of the charge, offends against Rule XXIII, which provides that “the part of the charge .... referred to must be quoted totidem verbis in the specification.”</p>