Fredericks v. Northern Central R. R.

Citations

• 157 Pa. 103
• 27 A. 689
• 1893 Pa. LEXIS 1406

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Railroads—Passengers—Presumption—Evidence.</p> <p>The rule that a carrier of passengers is bound to exercise the highest degree of care that is possible to human foresight and prudence, does not require a construction that will make the carrier an insurer against accidents ; nor the prevention of accidents by the employment of means which, if the accident could have been foretold, might have been used to prevent it, nor for the wrongful acts of strangers, unless the carrier was remiss in not discovering them in time to avert the injury; nor for an impracticable character or extent.of precaution which could not be observed without so ruinous a cost as to destroy the business; and in all cases the liability is only such as results from negligence.</p> <p>A passenger was injured by a collision of the train in which he was riding with two loaded coal cars. On the morning of the day of the accident, the coal ears had been left on a side track at a distance of about two rr iles from the place of collision. The cars were properly braked, and a throw-off switch, which would have derailed the cars if left undisturbed, was left open so as to throw the ears from the track if they were moved. The cars remained in this condition during the day. Late in the afternoon a boy got upon the cars, loosed the brake by hammering it with a coupling pin, and closed the throw-off switch. The cars ran down the siding on to the main line, and collided with the train on which plaintiff was riding. It appeared from the evidence that there was another throw-off switch nearer the main line, but that this had not been opened by defendant. It also appeared that there were no locks on either switch. Held, that the evidence was sufficient to rebut the presumption of negligence on the part of the railroad company, and that a verdict for the company should be sustained.</p> <p>Charge of court — Expression of opinion.</p> <p>A trial judge may express his o