McGinlet v. Cent. R. Co. of N.J.

Citation84 A. 579,235 Pa. 576
PartiesMCGINLET v. CENTRAL R. CO. OF NEW JERSEY.
Decision Date18 March 1912
CourtPennsylvania Supreme Court
84 A. 579
235 Pa. 576

MCGINLET
v.
CENTRAL R. CO. OF NEW JERSEY.

Supreme Court of Pennsylvania.

March 18, 1912.


Appeal from Court of Common Pleas, Carbon County.

Action by John McGinley against the Central Railroad Company of New Jersey. Judgment for defendant, and plaintiff appeals. Affirmed.

Argued before MESTREZAT, POTTER, ELKIN, STEWART, and MOSCHZISKER, JJ.

Jackson E. Reynolds, of New York City, George Holmes, of Jersey City, N. J., and Frederick Bertolette and Laird H. Barber, both of Mauch Chunk, for appellant.

J. O. Ulrich and L. C. Scott, of Mauch Chunk, for appellee.

PER CURIAM. The defendant company is a common carrier. On December 17, 1903, it delivered one of its freight cars to the Chestnut Ridge Railway Company at Lehigh Gap. The car was taken to Kunkletown, loaded with prop timbers, returned to the Gap, where it was delivered, December 18, 1903, to the defendant company, which transported it via Mauch Chunk to Hauto, and there placed it on the delivery siding of the consignee, the Lehigh Coal & Navigation Company. The following morning the crew of the latter company, including the plaintiff, a brakeman, removed the car into a blind siding of the consignee's yard at Hauto. While engaged in removing the car, the plaintiff applied the brake which gave way, and he was thrown forward, and fell from the car, which passed over him and cut off both legs. It appeared that the brake chain had been broken and tied with a wire which broke when the plaintiff applied the brake. This action was brought against the defendant to recover damages which the plaintiff alleges resulted from and were caused by the negligence of the defendant company in failing to inspect the car before delivering it to the consignee. The trial resulted in a verdict and judgment for the plaintiff. The defendant has appealed.

The defendant company contends that, the plaintiff not being engaged in its service at...

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