Gatta v. Philadelphia, Baltimore & Washington Railroad

Citations

• 25 Del. 356
• 2 Boyce 356
• 80 A. 617
• 1911 Del. LEXIS 47

Syllabus

<p>1. Negligence — Evidence—Question for Jury.</p> <p>Where the evidence in an action for personal injury is such that the jury might have found defendant negligent in failing to give warning suitable to the danger it was about to create, the question of negligence is for the jury.</p> <p>2. Railroads — Injuries to Persons on Track — Care Required.</p> <p>The law requires a railroad company to give warning of the approach and movements of its engines, and, under the varied conditions of their operation, requires generally that such warning shall be timely and sufficient, and what is a warning sufficient to enable persons on or near the tracks to avoid danger, depends upon the place of danger, the position of the person endangered, and the right and purpose of his presence.</p> <p>3. Railroads — Injuries to Persons Working About Cars — Question for Jury — Negligence.</p> <p>In an action against a railroad company, for injuries resulting in the death of a person working on or about its tracks in the yard of an independent employer, in which its switch engines were operated, whether defendant failed to give a sufficient warning held, on the evidence, for the jury.</p> <p>4. Railroads — Action for Injuries to Person on Track — Admissibility of Evidence.</p> <p>In an action for wrongful death against a railroad engaged in switching cars on tracks in the yard of a Pullman car company, by whom the decedent was employed, where defendant was charged with failing to give proper warning of the danger from the switching of cars, evidence as to the custom of Pullman employees to pass between the cars when no switching was being done, that there was no rule against such passing, and that it was the custom of the defendant itself to so place cars that spaces were left between them through which employees might pass about their work, is admissible.</p> <p>5. Railroads — Injury to Person Working Near Tragic — Evidence.</p> <p>In an action against a railroad company for negligently c