McGinley v. Lehigh Coal & Navigation Co.

Citations

• 224 Pa. 408
• 73 A. 552
• 1909 Pa. LEXIS 810

Syllabus

<p>Negligence — Railroads—Mining company — Foreign cars — Sidings— Nonsuit.</p> <p>1. The rule which requires railroad companies to inspect cars received from other companies and to see that they are in good and safe condition for their employees to handle, does not apply to a mining company on whose sidings loaded cars are delivered for the purpose of being unloaded.</p> <p>2. If a mining company has no notice, actual or constructive, of the defective condition of a car on its siding, it is not liable in damages to a trainman injured by the defective condition of the car, while it is being moved on the siding by the company preparatory to the unloading of its freight.</p>