Barrage v. Philadelphia & Reading Railway Co.

Citations

• 60 Pa. Super. 66
• 1915 Pa. Super. LEXIS 149

Syllabus

<p>Negligence — Railroads—Sitting under car in yard.</p> <p>1, Where a persoa engaged in loading and unloading cars in a railroad yard goes under a standing car in the yard for shelter from rain which did not begin until fifteen or twenty minutes afterwards, and while sitting under the car and eating his lunch, the car is struck by a shifting train, the man is guilty of contributory negligence and he cannot recover damages from the railroad company for the injuries sustained; and his contributory negligence is all the more apparent from the fact that there were two other places perfectly safe where he could have taken shelter from the rain, and also from the fact that he knew that a shifting train was operating in the yard at the time.</p> <p>2. In such a case the railroad company cannot be charged with negligence where it appears that the conductor of the shifting train did'not know of the presence of the workman under the train, that his view was obstructed by material along the tracks which prevented observation under the cars, and that he used the ordinary precautions observed in similar movement of cars on the tracks in question.</p>