Dewald v. Hines

Citations

• 280 Pa. 169
• 124 A. 328
• 1924 Pa. LEXIS 484

Syllabus

<p>Negligence — Railroads—Master and servant — Rish of employment — Flagman—Operating train around blockade — Notice—Non-suit.</p> <p>1. An employee assumes, as a risk of his employment, such dangers as are normally and necessarily incident to his occupation.</p> <p>2. A workman of mature years is taken to assume such risks whether he is aware of their existence or not.</p> <p>3. A flagman who is detailed from a blockaded train on a southbound track, to go to the rear and flag trains that may come south on either the south- or northbound track, assumes the risk of danger on both tracks and if he is killed by a train running south on the northbound track, no recovery can be had for his death.</p> <p>4. A railroad company is not negligent because it does not notify employees of its purpose to operate trains against traffic around a blockade.</p> <p>5. The fact that an engine may not be able to stop before it reaches a flag, is a risk assumed by a flagman.</p>