Marean v. New York, Susquehanna & Western R. R.

Citations

• 167 Pa. 220
• 31 A. 562
• 1895 Pa. LEXIS 881

Syllabus

<p>Negligence — Railroads—Contributory negligence — Car inspector — Risk of employment — Master and servant.</p> <p>A car inspector is guilty of contributory negligence when he goes under a car standing on a switch, at a time of day when he knows that a train is usually run on the switch, and makes no inquiry or observation to ascertain whether the train had been placed there.</p> <p>Where a person enters upon the employment of car inspector, knowing that a signal lamp and flag which were not then in use were necessary to Ms safety, he assumes the risk of the danger by continuing in the employment without the lamp and flag being furnished to him.</p>