Dollar Savings Fund & Trust Co. v. Pennsylvania Co.

Citations

• 272 Pa. 364
• 116 A. 299
• 1922 Pa. LEXIS 829

Syllabus

<p>Negligence — Railroads — Master and servant — Assumption of risk — Knowledge of risk — Case for jury.</p> <p>1. An employee must know the circumstances and appreciate the risk before he will he held to have assumed it.</p> <p>2. In an action1 against a railroad company to recover damages for death of a yard brakeman employed by defendant, the case is for the jury, where the evidence shows that deceased was squeezed to death while walking between a car and a wall, on a siding where he had never been before, that he had not been warned that the place was a dangerous point, and that no warning signals had been given to him before the accident.</p>