Moore v. Pennsylvania R. R.

Citations

• 167 Pa. 495
• 31 A. 734
• 1895 Pa. LEXIS 937

Syllabus

<p>Negligence — Railroads—Master and servant — Risk of employment.</p> <p>Plaintiff while employed by a railroad company in taking up and removing the flooring of trestles, had to pass to and fro over the partially dismantled structure. In making one of the trips he stepped upon a timber, apparently solid and fixed, but in reality insecure, which tilted up, threw him to the ground and injured him. There was no evidence to show that the company knew of, or in the exercise of reasonable care could have discovered, the insecurity of the timber. Held, that the injury was one of the risks of plaintiff’s employment, and that he could not recover damages from the company.</p>