Bardis v. Philadelphia & Reading Ry.

Citations

• 267 Pa. 352
• 109 A. 621
• 1920 Pa. LEXIS 862

Syllabus

<p>Negligence — Railroads—Shifting cars — Anticipating negligence by others — Contributory negligence — Obvious danger.</p> <p>1. Where plaintiff, engaged by an industrial plant in moving coal from between two tracks (one a sidetrack or spur from the other track, in a train yard), assumed a position of danger near the main track, not necessary for him to take, and the engine of defendant (a railroad company) shifting ears on the main track, struck plaintiff, injuring him, his contributory negligence will prevent a recovery for his injuries.</p> <p>2. Defendant cannot be charged with negligence because it gave no warning by light, signal or flagging of the cars which it was moving on the tracks of plaintiff’s employer, inasmuch as the tracks on which the injury occurred were not being used by plaintiff or the workmen assisting him.</p> <p>3. There is no duty on trainmen to be observant where they do not know of, or are not required to anticipate, the presence of workmen or others on the tracks.; and they are not required to be observant as to persons who may occasionally move around over a train yard; though they may be required to know where workmen are engaged about or on the tracks. They were not required to anticipate negligence on part of plaintiff.</p> <p>4. A jury cannot be permitted to find anything negligent which is less than the failure to discharge a legal duty.</p>