Clark v. Pittsburg & Lake Erie Railroad

Citations

• 226 Pa. 37
• 74 A. 740
• 1909 Pa. LEXIS 871

Syllabus

<p>Negligence — Railroads—Master and servant — Fellow servant — Brakeman.</p> <p>In an action by a brakeman against his employer, a railroad company, to recover damages for personal injuries, binding instructions for the defendant are proper where the evidence shows that plaintiff was brushed off the side of a moving car by another car standing on a switch at a point not past the danger post, and that all cars were placed upon sidings by crews in the employ of the defendant company, consisting of a conductor, engineer, fireman and brakeman. In such a case plaintiff’s injuries were the result of the negligence of a fellow servant, and he cannot therefore recover.</p>