Sloppy v. Pennsylvania Railroad Co.

Citations

• 228 Pa. 636
• 77 A. 1010
• 1910 Pa. LEXIS 539

Syllabus

<p>Negligence — Railroads—Master and servant — Fellow servant — Car repairer and, fireman — Assumption of risk.</p> <p>1. A railroad ear repairer and the crew of a train engaged in switching cars onto the repair track are fellow servants, the work of each being complementary to that of the other in accomplishing a general purpose under common authority.</p> <p>2. Where a ear repairer working under a crippled car on a siding reserved for that purpose, is killed by a collision resulting from the negligent shifting of another car onto the siding, and the proximate cause of the accident is the failure on the part of the fireman of the shifting crew to communicate to the engineer an order given by the conductor, the railroad company cannot be held liable in an action for damages for the death.</p>