Hess v. Baltimore & Ohio Railroad

Citations

• 28 Pa. Super. 220
• 1905 Pa. Super. LEXIS 167

Syllabus

<p>Negligence — Railroads—Drover—Fire—Contributory negligence — Position of sudden danger.</p> <p>In an action against a railroad company to recover damages for personal injuries, it appeared that plaintiff was injured in the burning of a cattle car in which he was riding with a stallion. He testified that when he discovered the fire he called for help, and that if help had come when he called he could have put out the fire and saved the horse and himself too; that he had no notice that the car was to be hauled away from the place where it was standing, and that while it was being moved he was trying to get the blanket, which was on fire, off the horse. He testified further that the car was being moved at such a rapid rate, that it was unsafe for him to jump. There was evidence that the fire was due to the negligence of the defendants' servants. Held, that the question of plaintiff's contributory negligence was for the jury.</p> <p>Where a person, without fault on his part, is placed in a position of danger or embarrassment through the negligence of another, he will not be held guilty of contributory negligence for failure to use all possible means for his safety; if he acts in good faith and his conduct under all the circumstances is that of a man of ordinary prudence, he is not chargeable with negligence, and whether he did so act is a question for the jury.</p>