Peplinski v. Pennsylvania Railroad

Citations

• 203 Pa. 52
• 52 A. 32
• 1902 Pa. LEXIS 650

Syllabus

<p>Negligence — Railroads — Master and servant — Fellow-servant—Act of Aprils, 1868.</p> <p>Where a railroad company lays ties and rails on a trestle constructed by a coal company on land owned by the lessor olthe railroad company, and it appears that the trestle was for the use of the coal company, and was built to promote its business, as well as that of the railroad company, and that the latter company maintained the structure at its own cost, and owned and operated the locomotives and cars that ran upon it, an employee of the coal company engaged on the trestle in unloading a car, is a fellow-servant of the trainmen of the railroad company, within the meaning of the act of April 4, 1868, and if he is injured by the negligence of the latter, he cannot recover from the railroad company.</p>