Pennsylvania Co. v. Sheeley

Citations

• 221 F. 901
• 137 C.C.A. 471
• 1915 U.S. App. LEXIS 1385

Syllabus

<p>S, Master and Servant @=j244 — Liability for Injuries —- Contributory Negligence.</p> <p>A locomotive fireman, charged by the rules and recognized practice with the duty of co-operating with his engineer in observing and obeying signals, who sa,w a green signal requiring the train to slow down, and “called” it to the engineer, but did nothing further when the engineer disregarded it, was negligent, and his inaction was not excusable because of Ms supposition that the signal had been changed to a white signal before they passed it; this supposition being based on nothing except the fact that the engineer failed to slow down.</p> <p>[Ed. Note.-—For other eases, see Master and Servant, Cent. Dig. §'§ 770, 777; Dee. Dig. @=>244.]</p> <p>2. Nes>i.ic.ence @=101—Liability for Injuries—Comparative Negjmgenck.</p> <p>The failure of a locomotive fireman to take any action, as was his duty, when the engineer negligently disregarded a signal requiring the train to slow down, wus not the sole proximate cause of a collision resulting from the disregard of the signal, but was only contributory negligence, diminishing the damages for an injury sustained by him.</p> <p>LEd. Note.—For other cases, see Negligence, Cent. Dig. §§ 85, IK!, 164, 3 67; Dee. Dig. @=>101.]</p> <p>3. Master and Servant @=>296 — Actions for Injuries — Instructions — Contributory Negligence.</p> <p>In an action for injuries to a railway fireman, sustained in a collision resulting from the engineer’s disregard of a signal, defendant was entitled to have the jury instructed in a reasonably definite and concrete form, rather than by vague generalities, as to plaintiff’s duty with respect to obeying such signal, whether shown by undisputed testimony, or whether contingent upon disputed proofs or inferences.</p> <p>[Ed. Note.—For other eases, see Master and Servant, Cent. Dig. §§ 1180 13.94; Dee. Dig. @=>296.]</p> <p>@=For other oases see same topic & KEY-NUMBER in ail Key-Numbered Digests & Indexes</p> <p>4/ App