McDonald v. Lehigh Valley Railroad

Citations

• 236 Pa. 541
• 84 A. 1013
• 1912 Pa. LEXIS 794

Syllabus

<p>Negligence — Railroads — Locomotive firemen — Contributory negligence — Question for fury.</p> <p>In an action against a railroad company by a locomotive fireman, one of its employees, for personal injuries, it appeared that it became necessary for the plaintiff in the discharge of his duty to get off his engine after dark for the purpose of changing a 'switch. He had a light, but as he stepped down from the engine the wind blew it out. He expected to alight upon level ground between the two main tracks of the railroad, directly opposite the switch stand which the trainmen were required to manipulate, which would have meant a distance of not more than eighteen inches. Instead of that his foot dropped into an excavation of a depth which nearly doubled the distance from the step of the engine to the ground. The space between the two tracks was used as a footway for trainmen and other employees. Held, that the question of the defendant’s negligence and the plaintiff’s contributory negligence was for the jury, and that the court below was guilty of error in entering a nonsuit.</p>