Lamb v. Pennsylvania Railroad

Citations

• 259 Pa. 536
• 103 A. 296
• 1918 Pa. LEXIS 447

Syllabus

<p>, Negligence — Master and servant — Railroad company — Safe place in which to work — Assumption of risk — Case for jury.</p> <p>Where in an action against a railroad company to recover for personal injuries sustained hy an employee standing on a ladder on the side of a moving freight car, in the discharge of his duties, being caught between such car and a car on the next track, it appeared that there was not sufficient clearance between the two tracks to afford a safe place for plaintiff to work; that the plaintiff did not know that -the clearance between the tracks was less than the standard clearance and was insufficient, but had walked between cars standing on such tracks hundreds of times before in safety, the clearance ordinarily being eighteen inches; and that at the time of the accident he was caught by reason of the sudden lurching of the, car on the next track, the question of defendant’s negligence and plaintiff’s assumption of risk were for the jury, and a verdict for the plaintiff will be sustained.</p>