Stidfole v. Philadelphia & Reading Railway Co.

Citations

• 261 Pa. 445
• 104 A. 668
• 1918 Pa. LEXIS 761

Syllabus

<p>Negligence — Railroads—Brakeman—Boy trespasser — Ejection— Case for jury.</p> <p>Where a brakeman struck at and pursued in a menacing and threatening manner a ten-year-old boy trespasser on ,a train, in consequence of which he fell off and was run over by one of the cars, the railroad company will not be relieved of liability on the theory-that the brakeman was not acting within the scope of his authority merely because he was at the time temporarily engaged in flagging trains at a switch, which was one of his duties, where the keeping of trespassers from trains was another of his 'duties; and in such case, a recovery against the railroad company for the injuries so occasioned will be sustained.</p>