Hartman v. Western Maryland Railway Co.

Citations

• 246 Pa. 460
• 92 A. 698
• 1914 Pa. LEXIS 539

Syllabus

<p>Negligence — Railroads—Operation of freight train — Weight of evidence — Corroborating facts — Act of Congress of April 22, 1908, Chap, llj.9, 85 U. 8. 8tat. 65 — Case for jury — Instructions to jury —Assumption of rislc.</p> <p>. 1. In an action by a brakeman against his employer, a railroad company, to recover damages for personal injuries, brought under the Act of Congress of April 22,1908, Chap. 149, 35 U. S. Stat. 65, making common carriers engaged in interstate commerce liable in damages to any employee injured, inter alia, by the negligence of another employee of such carrier, it appeared that plaintiff was injured while crossing over the top of box cars of a freight train upon which he was employed. He testified that his fall was due to unusual and violent jerks of the train caused by a speed in excess of twenty-five miles an hour, in violation of a rule of defendant company, and the negligence of the engineer in suddenly and repeatedly applying the brakes. No other witnesses testified to the excessive speed of the train, but four witnesses for the defendant testified that the speed was not in excess of nine miles an hour. It appeared that the average speed of the train for its entire route was sixteen and one-fourth miles an hour, and that the accident happened at the foot of a down grade on a short curve, just at the beginning of an up-grade, and at the end of a stretch of straight track nearly two thousand feet long. The plaintiff’s evidence as to the violent jerks of the train was also contradicted. Held, the weight of the evidence was not so clearly against the plaintiff that the court could withdraw the case from the jury, and a verdict and judgment for plaintiff was sustained.</p> <p>2. In such case the alleged failure of the court to instruct the jury as to the weight to be given to the uncorroborated testimony of the plaintiff, in view of its contradiction by defendant’s witnesses, is not ground for reversal where the matter was correctly dealt w