Reese v. Philadelphia & Reading Railway Co.

Citations

• 239 U.S. 463
• 36 S. Ct. 134
• 60 L. Ed. 384
• 1915 U.S. LEXIS 1439

Syllabus

<p>A railroad is not to be held as guaranteeing or warranting absolute safety to its employés under all circumstances, but is bound to exercise the care which the exigency reasonably demands in furnishing proper roadbed, tracks, and other structures.</p> <p>Failure to exercise • such care constitutes negligence; but the mere existence of a great number of tracks close to each other in a terminal where public streets are necessarily utilized is not enough to support an inference of negligence.</p> <p>In this case, brought under the Employers’ Liability Act, the trial court did not err in entering a non-suit for lack of evidence showing failure of the carrier to provide a safe place for the employé to work although the latter was killed by striking an obstruction while leaning out frbm the engine which he was on.</p>