Kaylor v. Cornwall Railroad

Citations

• 216 Pa. 134
• 65 A. 65
• 1906 Pa. LEXIS 577

Syllabus

<p>Negligence — Railroads—Master and servant — Brakeman—Choice between dangers.</p> <p>In an action by a brakeman against a railroad company, his employer, to recover damages for personal injuries, it appeared that the plaintiff, in the performance of a duty absolutely necessary, started to alight from a moving train by means of an iron ladder attached for this purpose to the side of a freight car. While so attempting he was carried violently against a telegraph pole which was fifteen inches from the side of the car. The evidence established that except for the telegraph poles on one side, both sides of the car were alike under ordinary conditions, with respect to convenience and safety in alighting. It appeared, however, that the company had been relaying its tracks, and had deposited the old rails on the side of the track on which there were no poles. The plaintiff knew of this fact, and also saw at the time of the accident that the rails were covered with snow. He testified that it was the additional danger resulting from the rails being concealed by the snow that determined him to attempt to alight from the other side, since the danger there was open and exposed and was susceptible of some sort of measurement. Held, that the case was for the jury, and that a verdict and judgment for the plaintiff should be sustained.</p> <p>Evidence — Witness—Hearsay.</p> <p>Where a witness who was about to repeat something that the plaintiff said to him, was interrupted by an objection which prevented him from answering, the Supreme Court will not consider whether the evidence sought to be elicited from him was or was not competent.</p>