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· 4/1/1907

Peterson v. Philadelphia, Baltimore & Washington Railroad

Citations

  • 217 Pa. 401
  • 66 A. 660
  • 1907 Pa. LEXIS 724

Syllabus

<p>Negligence — Railroads—Master and servant — Risk of employment— Nonsuit — Fellow servant — Vice principal.</p> <p>A man employed on a repair train of a railroad assumes the risks of his employment involved in the stopping of the train at irregular times and at places which are without the facilities expected at regular stations, and he also assumes the corresponding duty of special care in so doing.</p> <p>The boss or foreman of a repair train of a railroad company is not a vice principal.</p> <p>Even if the boss or foreman of a repair train should be regarded as vice principal, he is entitled to assume when he gives the signal to start a train, that the engineer will do so in a proper manner.</p>

Judges: Elkin, Fell, Mesteezat, Mitchell, Potter

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