Ortlip v. Philadelphia & West Chester Traction Co.

Citations

• 198 Pa. 586
• 48 A. 497
• 1901 Pa. LEXIS 845

Syllabus

<p>Negligence—Electric railways— Operation of construction car by contractors.</p> <p>Where an electric railway company permits a contractor engaged in ballasting a roadway to operate construction cars in the same block as passenger cars subject to the rules of the company and the orders of the company’s superintendent, the company is liable for injuries to one of its own motormen resulting from the failure of the contractor’s workmen properly to adjust a signal after entering a block. In such a case the plaintiff cannot be charged with contributory negligence in remaining in the service of the company after the contractor was allowed to use its tracks.</p>