Dunne v. Pennsylvania Railroad
Dunne v. Pennsylvania Railroad
Opinion of the Court
Opinion by
John W. Dunne, the plaintiff, a boy fourteen years of age, at about eight o’clock of the evening of the 6th day of May, 1914, boarded a freight car of the defendant company while it was moving slowly through the Borough of Phcenixville. His purpose was to steal a ride to Norristown. He climbed to the top of the car he had boarded by means of the ladder at the side, and seated himself at the end of the car, with his face towards the engine and his feet in the space between the car on which he was riding and the car next in front. For security he held to the brake wheel on his left. The train was composed of some twenty-six or twenty-eight cars, mostly box cars, and the one on which plaintiff sat was far to the rear of the train. While so seated a man carrying a lantern in one hand and a stick in the other approached along the top of the car next in front, and
The general principle is that a master is responsible for the torts of his servant, done in the course of his employment with a view to the furtherance of his master’s business, and not for a purpose personal to himself, whether the same be done negligently or wilfully, but within the scope of his agency, or in excess of his authority, or contrary to the express instructions of the master. This doctrine is clearly recognized in Philadelphia, Wilmington & Balto. R. R. Co. v. Brannen, 1 Sadler 369, where it is said, “It is well settled law that the master is liable for the act of his servant within the general scope of his employment, although the specific act be done at a time and in a manner contrary to an express order of the master. Third persons can see and know the general scope of the employment in which the servant is engaged, but they have no means of knowing the secret orders given him. They are, therefore, not affected by such orders.” Further citation of authority is unnecessary. The assignments of error are overruled, and the judgment is affirmed.
Reference
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- Dunne v. Pennsylvania Railroad Company
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- Negligence—Trespassers on trains—Ejection of trespassers from moving trains—Liability of master—Evidence of employment— Case for jury. 1. A master is responsible for tbe torts of bis servant done in tbe course of bis employment with a view to tbe furtberance of tbe master’s business and not for a purpose personal to bimself, whether the same be done negligently or wilfully, but within the scope of the agency, or in excess of the agent’s authority, or contrary to tbe express instructions of the master. 2. In an action against a railroad company to recover damages for personal injuries it appeared that plaintiff, a boy fourteen years of age was seated on a box car while stealing a ride on defendant’s freight train which was running at a speed of twenty miles an hour; that a man carrying a lantern in one hand and a stick in the other approached along the top of the next car, ordered plaintiff to get off tbe train and threw tbe stick at him; that in attempting to descend plaintiff was struck by a bridge support and knocked off, fell under the wheels, and received the injuries complained of. Defendant’s conductor testified that it was part of the duty of brakemen to require trespassers to leave the train when it was at rest, and that he had given orders never to require them to leave the train when it was in motion. The trial judge submitted the case to the jury which found a verdict for plaintiff upon which judgment was entered. Held, the evidence was sufficient to support a finding that the person who ordered plaintiff to leave the train was a brakeman, and that in requiring plaintiff to leave the train he was acting in the line of his employment.