Glew v. Pittsburgh Railways Co.

Citations

• 234 Pa. 238
• 83 A. 101
• 1912 Pa. LEXIS 637

Syllabus

<p>Negligence — Master and servant — Vice-principal—Street railways — Motorman—Superintendent—Defective tracks — Knowledge of dangerous condition — Reliance on master’s orders — Question for fury.</p> <p>In an action to recover damages for personal injuries, the case is for the jury and a verdict for plaintiff will be sustained where it appears that the plaintiff, a motorman in the employ of the defendant, was engaged to run a freight car whenever and wherever directed by the superintendent of the defendant’s supply department; that on the day of the accident he was instructed to run his car, with a load of old wheels on board and pulling a gondola car loaded with coal behind, over a certain line the tracks of which were out of repair; that the plaintiff suggested this fact to the superintendent or his representative, and said that it would be dangerous to run the kind of load he was hauling over these tracks, when he was told that he should proceed to do as he was ordered or he would ‘learn what would happen to him;” that he carried out the directions of the superintendent and while on the line the tracks separated, causing the gondola car to drop down and break an axle, with a resulting shock to the freight motor car which disploced the old car wheels and caused one of them to fall upon and injure the plaintiff.</p>