Brommer v. Philadelphia & Reading Railway Co.

Citations

• 205 Pa. 432
• 54 A. 1092
• 1903 Pa. LEXIS 589

Syllabus

<p>Negligence — Railroads—Master and servant — Train dispatcher — Vice principal.</p> <p>A train dispatcher within the limits of his employment is a vice principal of the railroad company which employs him.</p> <p>Negligence — Railroads—Train dispatcher — Custom.</p> <p>In an action against a railroad company by a brakeman to recover damages for personal injuries sustained in a collision, the case is for the jury where the evidence shows that the train dispatcher directed an engineer to run on a certain track carefully, and stated to him that there were fifteen cars at a street named, and the engineer runs carefully and collides with cars twelve or thirteen hundred feet nearer than the point named, causing the injury for which the suit was brought.</p> <p>Negligence — Railroads—Appliances—Sill of a tender.</p> <p>A sill of a tender of a locomotive is the place where the coupling is attached for pulling the train, and it is required to have strength to resist the tension of that operation, but there is nothing in its purpose or use to require that it shall be strong enough to resist the force of a collision. In a collision case it would be error for the court to permit the jury to guess that if the sill had been stronger, the injury to the plaintiff would have been less, or would not have happened at all.</p>