Dugan v. Susquehanna Coal Co.

Citations

• 241 Pa. 565
• 88 A. 787
• 1913 Pa. LEXIS 818

Syllabus

<p>Negligence — Master and servant — Mining railroad — Biding on loaded cars — Collision—Burden of proof — Contributory negligence —Binding instructions.</p> <p>1. As between employer and employee, the mere happening of ah accident from which negligence could be inferred raises no presumption of negligence against the employer. The burden of proof is on the plaintiff and a specific act of negligence must be shown.</p> <p>2. In an action by a coal miner to recover damages for personal injuries sustained on a mining railroad operated .by his employer, binding instructions for the defendant are proper where it appears that the plaintiff was riding upon a loaded coal car, facing the back of the engine, with his legs hanging down between the engine and the end of the first car, and was injured in a collision with another similar train, for whose presence on the track at the time the defendant was not shown to be responsible, it appearing that the furnishing of transportation to the plaintiff was not in pursuance of any contract to transport him as a part of tbe compensation for his services; and that plaintiff’s action in riding upon the loaded car was contrary to statutory prohibition and to the rules of the company, of which he had notice by printed signs, although miners frequently rode upon such loaded cars.</p> <p>3. In such a case, the burden is upon the plaintiff to show some specific negligence on the part of the employer and this burden is not met by showing that two trains approached each other on a single track, and collided, where the evidence clearly showed that the presence of the two trains upon the track was due to an unauthorized message pent by one of the engineers, and that no one but the foreman had authority to give any such order and that he had not only not given it but was not aware that it had been given by any' one else; and that even if the message had been authorized, the engineer had not obeyed it in the proper manner.</p> <p>4. In such a cas