Falyk v. Pennsylvania Railroad

Citations

• 256 Pa. 397
• 100 A. 961
• 1917 Pa. LEXIS 626

Syllabus

<p>Negligence — Master and servant — Car cleaner — Workman caught, between ccm-s — Railroads—Assumption of risk — Federal Employers’ Liability Act — Contributory negligence — Charge—Case for jury.</p> <p>1. While a master is not responsible for accidents occurring to his servants from ordinary risks and dangers which are incident to the business in which he is engaged, he is liable for injuries arising from dangers such as, in good faith, he ought to provide against.</p> <p>2. In a clear case the question of assumption of risk by the employee is one of law for the court, but where there is doubt as to the facts or as to the inferences to be drawn from them the question is for the jury.</p> <p>3. Where coemployees ‘are distant from each other and it is dangerous for one to have another continue at his work, he who is subject to the peril not being in a position to ascertain the true conditions, it is the duty of the employer to frame and promulgate such rules and regulations as will afford safety to employees.</p> <p>4. The discontinuance of a precautionary measure amounts to an assertion of the master’s judgment that it is not necessary.</p> <p>5. In an action against a railroad company under the Federal Employers’ Liability Act to recover for the death of plaintiff’s decedent, the case is for the jury where it appeared that deceased was standing between the buffers of two cars cleaning one of them when a train was shuiited against one of the ears causing it to run against the other and crush decedent; that it had been customary for signals to be placed upon the ears which were being cleaned, but such custom had been discontinued under orders of defendant’s foreman; and the evidence was conflicting as to whether it was necessary for the deceased to stand between the buffers in the performance of his duties.</p> <p>6. In such case where it appeared that the cars which caused the accident were engaged in interstate commerce, the court properly charged that the contrib