Engle v. Pennsylvania Railroad

Citations

• 234 Pa. 305
• 83 A. 301
• 1912 Pa. LEXIS 647

Syllabus

<p>Negligence — Railroads—Master and servant — Railroad property — Act of April If, 1868, P. L. 58 — Riding.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained prior to the Act of June 10, 1907, P. L. 522, which repealed the Act of April 4, 1868, P. L. 58, the plaintiff is entitled to recover where the evidence shows that at the time of the accident he was unloading a car on a switch; that his employer, a private manufacturing company, had the exclusive ownership and control of the switch, and always unloaded the cars after they had been placed on the switch; and that the accident was due to the negligent act of the railroad company in running an engine and tender on to the switch and against the car on which plaintiff was working, at a time when there was no necessity for the engine to go on to the switch for the purpose either of delivering or removing cars.</p>