Politowski v. Burnham

Citations

• 214 Pa. 165
• 63 A. 459
• 1906 Pa. LEXIS 617

Syllabus

<p>Negligence — Master and servant — Place of employment — Nonsuit.</p> <p>A jury cannot be permitted to find anything negligence which is less than failure to discharge a legal duty.</p> <p>In an action by an employee against his employers, the proprietors of a locomotive works, to recover damages for personal injuries, it appeared that the plaintiff was directed to fit injector pipes in the cab of a locomotive standing on a railroad track. Plaintiff was familiar with this kind of work and had done it before at or near the same place. While he was at work in the cab, a locomotive came along on the same track and pushed the engine on which the plaintiff was working for a considerable distance, until it struck a freight car standing on a side track too close to the switch to allow the moving engine to pass safely. In the collision plaintiff was injured. Held, that a nonsuit was properly entered.</p>