Haas v. Erie Railroad

Citations

• 254 Pa. 235
• 98 A. 867
• 1916 Pa. LEXIS 712

Syllabus

<p>Negligence — Master and servant — Federal Employers’ Liability Act — Railroads—Station platform — Engine—Escape of steam — Assumption of rislc — Contributory negligence — Gase for fury.</p> <p>1. In an action by an employee against a railroad company nnder the Federal Employers’ Liability Act to recover damages for personal injuries resulting from being struck by a locomotive, the court erred in entering a compulsory nonsuit where it appeared that plaintiff was at the time of the accident walking along a narrow platform between opposite bound tracks at one of the defendant’s stations; that while plaintiff was'passing a standing engine the engineer, who saw him, opened the cylinder cock so that a volume of steam escaped causing plaintiff to involuntarily step across the platform and on to the opposite track where he was instantly struck by another locomotive; and it further appeared that the engineer was familiar with the rule of the company prohibiting the opening of the cylinder cock at station platforms, and that plaintiff acted in reliance upon the fact that the rule would Be observed.</p> <p>2. The fact that plaintiff knew that similar acts of negligence on the part of the defendant had occasionally occurred before is not sufficient to charge the plaintiff with assumption of the risk.</p>