Nadazny v. Philadelphia & Reading Railway Co.

Citations

• 266 Pa. 305
• 109 A. 625
• 1920 Pa. LEXIS 557

Syllabus

<p>Negligence — Railroads—Shifting cars — Injury to workman engaged in unloading car — Notice of his presence — Question for jury.</p> <p>1. The question of a railroad company’s negligence is for the jury where the evidence tends to prove that the deceased, an employee of another person, was killed by defendant’s shifting train Striking violently against a car in which he was at work unloading coal, so that he fell or was thrown on the track and crushed by the train, and that the conductor of the shifting train had notice before the accident that a man was at work in the car, although the evidence tending to show notice, in time to have prevented the accident, was not entirely clear.</p> <p>2. A railroad company is not liable for the death of a workman caused by a shifting train bumping against the car in which he was engaged in unloading, where it was the uniform practice to have cars unloaded before noon and about one hour before the accident occurred, unless the crew of the shifting train had notice that work was still being done in the car at the time of the accident,</p> <p>Negligence — Railroads—Duty toward workmen unloading cars— Operation of shifting train.</p> <p>3. A railroad company owes the duty to use ordinary care in the operation of its shifting trains to avoid injury to workmen engaged in unloading cars on its premises.</p> <p>Negligence — Death of workman unloading car — Evidence—Presumption that decedent used due care.</p> <p>4. A workman who was killed by a shifting train striking violently against the car in which he was working is presumed to have used due care, where it appears that he could not see the approaching train and nothing is shown to charge him with contributory negligence.</p> <p>Negligence — Injury to workman engaged in unloading car— Shifting cars — Workman thrown upon track — Bumping car — Evidence as to how accident happened.</p> <p>5. The lack of proof as to just how decedent was thrown to the railroad track from the ear in whi