132 Pa. 341
Decided February 17, 1890
Supreme Court of Pennsylvania · decided 1890-02-17
No. 153 July Term 1889, Sup. Ct.; court below, No 52 December Term 1887, C. P. On November 5, 1887, Patrick Kinney brought trespass against Austin Corbin, George DeB. Keim and Stephen A. Caldwell, receivers of the Philadelphia & Reading Railroad Co., to recover damages for injuries received by the plaintiff while engaged in the service of tlie defendant companjL Issue.
Cited by 1 later decisions — most recently January 1893
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1890-02-17
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¶1The negligence in this case was not that of the defendant company, but of Missimer, the boss or foreman, under whom the plaintiff was working, and who was, under all our cases, a fellow-workman. This was of itself sufficient to justify the learned judge below in entering a judgment of nonsuit. Aside from this, he makes out, upon the uncontradicted testimony, a very strong case of contributory negligence.
¶2Judgment affirmed.