Oberndorf v. Philadelphia & Reading Railway Co.

Citations

• 53 Pa. Super. 74
• 1913 Pa. Super. LEXIS 134

Syllabus

<p>Negligence —• Railroads — Passenger —• Station ■ — • Passenger struck by destination sign — Uniformed employee.</p> <p>1. In an action against a railroad company to recover damages for personal injuries, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained, where the evidence shows that the plaintiff, an intending passenger, was required to walk along a narrow platform to reach the ticket office; that while so doing he was struck over the eye by a metal destination train sign which a man in uniform had taken down from a rod where it had been swinging, and without looking to see if anyone was approaching, and without any necessity for so doing, swung it so far over his shoulder that it struck the plaintiff.</p> <p>2. In such a case, as the railroad company made the putting up and taking down these signs a part of its business, the inference arose that the man who took down the sign, was an employee of the company.</p>