Miller v. McKeesport Connecting Railroad

Citations

• 205 Pa. 60
• 54 A. 496
• 1903 Pa. LEXIS 515

Syllabus

<p>Negligence — Railroads—Master and servant — Fellow servant.</p> <p>In an action against a railroad company by an employee to recover damages for personal injuries, it appeared that the plaintiff, a brakeman, was at the time of tbe accident operating a switch, near a curve, and that as a train of freight cars was passing, thereat- car jumped the track and struck and injured the plaintiff. It appeared that the cars were coupled with links instead of bars. The testimony showed that they should have been coupled with bars. It appeared that the trainmen had made some search for bars, but not finding them took links instead. It appeared that there were in the yard several times as many bars as were needed, and that they could have been easily found if proper search had been made. Held, that plaintiff’s injury was caused by the negligence of his fellow servant, and that he could not recover.</p>