Curtis v. Erie Railroad

Citations

• 267 Pa. 227
• 109 A. 871
• 1920 Pa. LEXIS 840

Syllabus

<p>Negligence — Railroads—Master and servant — Federal Employers Liability Act — Reasonable precautions — Switching yard — Assumption of risk — Fellow servant.</p> <p>1. The failure to give warning of the approach of a switching locomotive moving backwards at the rate of two or three miles an hour, either by ringing a bell, sounding a whistle or by calling to an experienced section hand engaged in removing ice between the tracks and carrying it across the tracks in a railroad switching yard, is not evidence of negligence on part of the railroad company, in an action to recover damages for the death of such section hand caused by being struck by the locomotive, where it appears that he was a man of mature years and had been employed in the yard for some time, and that he had an unobstructed view of the approach of the locomotive for a distance of 150 feet.</p> <p>2. The ringing of bells and sounding of whistles on passing trains and engines moving forwards and backwards in a railroad switching yard tends to confuse workmen, and failure to give warning of such a character, does not constitute negligence on the part of the railroad company.</p> <p>3. An experienced section hand employed in a railroad yard to repair tracks, clean switches, and remove rubbish, snow and ice, and carry it across the tracks, while so engaged, assumes the risk of injury by being struck by switch engines used in switching cars in the usual way, as an incident to his employment, where there is nothing to prevent him from observing the approach of the trains.</p> <p>4. Under the Federal Employers Liability Act, except in cases specified in section 4, the employee assumes the risk due to the negligence of other employees if the danger is obvious and fully known to the employee.</p> <p>Ærkfetz v. Humphreys, 145 U. S. 418, followed.</p> <p>Wain a v. Penna. R. R., 251 Pa. 213, distinguished.</p>