Glockner v. Pennsylvania Railroad

Citations

• 272 Pa. 312
• 116 A. 296
• 1922 Pa. LEXIS 819

Syllabus

<p>Negligence — Railroads—Master and servant — Defective coupler —Safety appliance — Federal acts — Contributory negligence — Federal Employers’ Liability Act of 1908 — Federal Safety Appliance Act.</p> <p>1. A brakeman who is injured while engaged in interstate commerce employment, by the failure of a defective coupler to act, may recover damages from his employer, although he himself may have been guilty of contributory negligence.</p> <p>2. The Federal Safety Appliance Act provides that an employee shall not be held to have assumed the risk of an injury due to the use of a coupling which fails to comply with the law, and the Federal Employers’ Liability Act of 1908 takes away the defense of contributory negligence if a defective coupler contributed to the injury.</p> <p>Appeals — Statement of questions involved — Evidence.</p> <p>3. Questions sought to be raised in the appellate court will not .be considered if they are not included in the appellant’s statement of questions involved.</p>