Vannatta v. Central Railroad

Citations

• 154 Pa. 262
• 32 W.N.C. 288
• 26 A. 384
• 1893 Pa. LEXIS 880

Syllabus

<p>Railroads — Connecting carriers.</p> <p>The liability of a connecting carrier does not begin, and the duty of the first carrier is not completed, until there has been an actual delivery to the connecting carrier.</p> <p>Negligence — Railroads—Connecting lines — Fellow servants — Act of 1868.</p> <p>Where no delivery of goods is intended at the point where two railroads connect with each other, but the delivery takes place in the yards of the connecting company beyond the point where the roads meet, the operation of trains by the first company in the yards of the second company is not in performance of a duty which the second company is required to do, and employees of the two companies are not fellow servants within the meaning of the act of April 4, 1868.</p> <p>The Lehigh Valley Railroad Company and the Central Railroad Company of New Jersey connect at Easton. The Lehigh Yalley Railroad Company has a yard with sidings on its own line at South Easton. Cars for the Lehigh Yalley Railroad are not delivered by the Central Railroad at the point where the roads connect, but beyond this point in the yards of the Lehigh Valley Railroad at South Easton. Plaintiff’s husband was employed by the Lehigh Valley Railroad as an inspector of cars in this yard. The Central Railroad Company moved a train into this yard, and the yard master designated by signals the siding to which the train was to be sent. The train was put into rapid motion and while thus moving the locomotive was out loose from it, and the train by its own momentum ran into the-designated siding. The conductor delivered his waybills for it to the, yard master of the Lehigh Valley Railroad Company, and then with his crew mounted the locomotive and left the train upon the siding. Upon the arrival of the train plaintiff’s husband began to inspect its-ears, and while so engaged under a car, the Central Railroad Company’s employees, \\ finding that the train had not entirely cleared the siding, returned with their l