Balt. & Ohio R. v. Colvin

Citations

• 118 Pa. 230
• 12 A. 337
• 1888 Pa. LEXIS 386

Syllabus

<p>A teamster employed by a shipper, while hauling freight to the car of a railroad company, was driving upon a public street at the freight station there crossed by the company’s tracks at a point practically within the company’s yard. So driving, the wagon was struck upon the crossing by a moving train and the teamster injured. In an action against the company charging negligence, Held :</p> <p>1. That the teamster was within the act of April 4, 1868, P. L. 58, and the company was not liable for a negligent act of the flagman at the crossing.</p> <p>2. That, the declaration not charging negligence in the employment of an incompetent flagman, it was error to admit evidence that the flagman had the reputation of being a careless person and incompetent for the place.</p> <p>3. That it was error to refuse to charge that if, as alleged by the defendant, the flagman signaled the plaintiff to stop, and, in disregard of the signals, the latter urged his team forward upon the crossing, he was guilty of contributory negligence.</p>