Fullmer v. New York Central & Hudson River Railroad

Citations

• 208 Pa. 598
• 57 A. 1062
• 1904 Pa. LEXIS 811

Syllabus

<p>Negligence — Railroads—Master and servant — Fellow servant — Car inspector — Brakeman.</p> <p>• Where an inspector of air brakes, in working under a car in a railroad freight yard is injured by the negligence of a brakeman in failing to open and close certain switches, the inspector cannot recover damages from the railroad company, inasmuch as his injuries were due to the negligence of a fellow servant. In such a case the absence of a signal target which had formerly been in use cannot be considered as the proximate cause of the accident where it appears that its presence would not have reminded the brakeman of his duty, and its absence did not mislead the plaintiff.</p>