Cunningham v. Philadelphia & Reading Railway Co.

Citations

• 249 Pa. 134
• 94 A. 467
• 1915 Pa. LEXIS 690

Syllabus

<p>• Negligence—Railroads—Duty to warn—Persons seated under cars—Binding instructions.</p> <p>1. A railroad company is not required to give notice of the movements of its trains except where it has reason to anticipate that persons will be on the track.</p> <p>2. In an action against a railroad company to recover damages for personal injuries sustained by a laborer in a scrap yard, no actionable negligence on the part of the defendant was shown where it appeared by plaintiff’s testimony that he had placed himself beneath a freight car standing on a spur track belonging to his employer for unloading purposes and not intended to be moved, and that he was injured by reason of the sudden moving of the car without warning to him by defendant’s shifting train, but it did not appear that the shifting crew had any notice of his presence under or about the car, and the shifting was being done pursuant to proper authority.</p>