Moyer v. Pennsylvania Railroad

Citations

• 247 Pa. 210
• 93 A. 282
• 1915 Pa. LEXIS 809

Syllabus

<p>Negligence — Master and servant — Railroad companies — Interstate commerce — Act of Congress, March 2,1893, c. 196, Sec. 2, 27 Stat. 631 — Defective coupling equipment.</p> <p>1. A freight car consigned with merchandise from a point without the State to a destination within the State, which, after being unloaded at a freight yard, is shifted to another yard to await reloading, where it is stored for a few days, and which thereafter is to be shipped to another point without the State, loaded with freight, does not cease to be used in interstate traffic during the brief period of its unemployment; and if a railroad employee is injured in the shifting of such ear from yard to yard in consequence of the railroad company’s failure to equip the car with an automatic coupler as required by the Act of Congress of March 2, 1893, c. 196, §2, 27 Stat. 531, the railroad company will be liable.</p> <p>Trials — Witnesses — Discrepancies in statements — Points for charge — Instructions to the jury — Damages—Inadequate* instructions — Waiver of objections.</p> <p>2. Where in the testimony of the plaintiff a discrepancy appears to which the witness’ attention is not sufficiently directed so that he has an opportunity to explain and reconcile it, the trial judge properly refuses to charge the jury, that the witness’ testimony is so far discredited that the jury would not be warranted in finding a verdict in his favor on his own uncorroborated testimony.</p> <p>3. Where no special instructions on the measure of damages are asked for and where those given are not complained of at the trial, a judgment for plaintiff will not be reversed because of the inadequacy of the instructions relating to the measure of damages.</p>