Schimpf v. Harris

Citations

• 185 Pa. 46
• 39 A. 820
• 1898 Pa. LEXIS 667

Syllabus

<p>Negligence — Railroads—Passenger—Scope of employment of employee.</p> <p>In an action by a passenger against a railroad company to recover damages for personal injuries, it appeared that the plaintiff was injured by being pushed off the steps of a car by a brakeman, who was not one of the regular crew of the train, and not on duty, but that he, with other conductors and brakemen, was in a car going home; that when the train stopped at the station where plaintiff was injured the tickets of the passengers had not all been collected ; that one of the conductors not on duty told the brakeman in question to go out and see that the tickets were gathered; that the brakeman hurried out, announcing his intention to collect the tickets, which he subsequently did, and that on his way to perform this duty he pushed plaintiff from the steps. There was ample evidence that it was the duty of a conductor or brakeman not on duty, if he saw passengers leaving without giving up their tickets, to notify some one of the crew, and to collect the tickets himself, if directed to do so by the conductor, or if he could not notify one of the crew. Held, that it was for the jury to say under all the testimony whether the brakeman who caused the accident was at the time of the accident acting in the line of his duty.</p>