Kunsman v. Lehigh Valley Railroad

Citations

• 10 Pa. Super. 1
• 1899 Pa. Super. LEXIS 231

Syllabus

<p>Negligence — Connecting railroads using common yard — Goemployees.</p> <p>A railroad company is liable where its employees negligently injure an employee of another company engaged in the service of his company in a railroad yard which is used in common by both companies. The Act of April 4, 1868, P. L. 68, as to coemployees, does not apply in such case. Vannatta v. Railroad Co., 154 Pa. 263, followed.</p> <p>In a railroad yard, subject to the joint use of the defendant and three other railroad companies, a ear inspector, in the employ of the Central Railroad' of New Jersey, while occupied under one of the cars of that company on one of the shifting tracks of the yard, was injured by reason of the negligent handling of a Lehigh Yalley train which was backed on to the track, and against the car which was being inspected by plaintiff, in disregard of a flag signal duly planted to protect the car; such flag being the signal recognized by and known to the defendant company and its employees.</p>