O'Donnell v. Philadelphia & Reading Coal & Iron Co.
Supreme Court of Pennsylvania
O'Donnell v. Philadelphia & Reading Coal & Iron Co., 249 Pa. 497 (Pa. 1915)
95 A. 111; 1915 Pa. LEXIS 750
Brown, Elkin, Frazer, Mbstrezat, Moschzisker, Potter, Stewart
O'Donnell v. Philadelphia & Reading Coal & Iron Co.
Opinion of the Court
The circumstances under which the husband of appellant was killed appear in the opinion of the court below directing judgment to be entered for the defendant non obstante veredicto. It is quite clear from the unquestioned facts summarized in that opinion that his death was due solely to the negligence of a coemployee, the hoisting engineer; and there is no merit in the contention of the appellant that the defendant company had imposed duties upon the engineer which prevented him, in the operation of his engine, from observing rules 18, 19, 20 and 42 prescribed by the Act of June 2,1891, P. L. 176.
Judgment affirmed.
Reference
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- Syllabus
- Negligence—Master and servant—Mines and mining—Fellow servant rule—Judgment for defendant non obstante veredicto. In an action against a mining company to recover damages for the death of plaintifi’s husband, judgment for defendant n. o. v. was properly entered where it appeared that while deceased, an employee of the defendant, was being drawn up a slope in a boat or car by means of a rope and hoisting engine, the engineer was engaged in oiling an air compressor and neglected to stop the engine at the proper time, whereby the car crashed into the engine house and the injury complained of resulted; and where it further appeared that the engineer was instructed by defendant never to leave his engine while making a hoist, and that the accident was not the result of too many duties having been imposed upon him by.tbe..defendant. In such case the engineer and plaintiff were fellow servants.