Kerrigan v. Pennsylvania Railroad

Citations

• 194 Pa. 98
• 44 A. 1069
• 1899 Pa. LEXIS 741

Syllabus

<p>Negligence — Master and servant — Ballasting track.</p> <p>In Pennsylvania a railroad company owes no duty to its employees or to the public to maintain a safe footway the length of its i-oadbed.</p> <p>A brakeman in the employ of a railroad company is not entitled to recover damages from the company for personal injuries resulting from a fall between two ties where the ballast had been washed out; nor does the fact that the accident occurred upon a side track or in a yard change the rule.</p> <p>Negligence — Damages — Personal injuries— Carlisle tables — Annuity tables.</p> <p>In submitting the Carlisle tables to a jury in an accident case, the court should carefully instruct the jury that the tables are not conclusive of the plaintiff’s expectancy of life, and are not entitled to serious weight unless by precedent proof the plaintiff has brought himself clearly within the class of selected lives tabulated.</p> <p>Annuity tables are not admissible as evidence in actions for personal injuries.</p>