Forrest v. Philadelphia, Wilmington & Baltimore Railroad

Citations

• 174 Pa. 181
• 34 A. 601
• 1896 Pa. LEXIS 867

Syllabus

<p>Negligence — Death—Railroads.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, it appeared that on the day of the accident the defendant had backed a number of empty freight cars into a quarry where the deceased was working. The cars were not left at the place where they were wanted, and the engine was sent for to move them. Before the engine arrived a blast was discharged in the quarry and a fragment of stone, struck the shaft of a derrick with such force as to break it into two pieces, and thereby to slacken and let down the wire guy rope which supported the derrick, and which was about three-fourths of an inch in thickness. The weeds and grass in and along the track were high enough to make it difficult to see the rope until within a few feet of it. Soon after this accident had happened the engine and crew returned to place the cars in proper position. One of the owners of the quarry stood at the entrance of the yard and directed the movements of the train. He knew of the falling of the rope, and intended to notify the trainmen, but he did not. While the ears were being moved under his orders the rear car struck the rope with its wheels, in consequence of which a part of the shaft with which it was connected fell, and struck and killed the deceased. The track was not under the railroad company’s care, but belonged to the quarrymen, and was within their private grounds. The brakeman was at a proper point on the train to see any visible obstruction, and to warn the engineer. Neither the brakeman nor any of the trainmen knew of what had happened during their absence from the yard. Held, that there was no proof of negligence on the part of the railroad company, and that the plaintiff was not entitled to recover.</p>