Borden v. Lehigh Valley R. R.

Citations

• 76 Pa. Super. 517
• 1921 Pa. Super. LEXIS 178

Syllabus

<p>Common carriers — Railroads—Free transportation — Employees traveling on passes — Negligence—Release ofi liability — Effect-Burden, of proof.</p> <p>An employee of a common carrier wbo is required by the exigencies of his employment to travel to and from his work on his employer’s trains, and for that purpose has a pass, is to be regarded as á passenger for hire while riding to and from his work. In such case, the fact that the pass contains a release of the employer from liability for negligence in transportation does not prevent him from recovering damages for injuries sustained through the negligence of the carrier.</p> <p>When the plaintiff produced evidence to show that his injuries were caused by the violent bumping of a train, while he was boarding it, he met the burden which is upon him to establish the negligence of the defendant, and a verdict for the plaintiff will be sustained.</p>