Ebright v. Mineral Railroad & Mining Co.

Citations

• 2 Monag. 126
• 15 A. 709
• 1888 Pa. LEXIS 794

Syllabus

<p>In an action for damages for personal injuries caused-by the alleged negligence of the defendant, a mining company, in not providing a sufficient number of persons to manage cars run down an incline from a coal breaker, it appeared by the evidence that the cars run out at the time of the accident struck other cars which had had their brakes taken off by trespassers, and these latter cars ran against defendant and caused the accident. The court charged that negligence on the part of the company in not having more men to manage the cars would not make them liable if the injury would not have occurred but for the intervening negligence of a third party. The court further charged that knowledge that the brakes had been taken off several times before, by trespassers, did not make it incumbent upon them to examine if the brakes were on before running their cars down. Held., not to be error.</p>