Rheingans v. New York, Chicago & St. Louis Railroad

Citations

• 236 Pa. 476
• 84 A. 913
• 1912 Pa. LEXIS 781

Syllabus

<p>Negligence — Railroads — Gonductor—Grossing trades — Contributory negligence — Evidence — Case for jury.</p> <p>In an action against a railroad company for the death of a conductor employed by another railroad company, tbe question of tbe deceased’s contributory negligence is for tbe jury, where it appears that tbe deceased was run over and killed by the tender of an engine of the defendant at a place where both railroad companies used tbe same track, and maintained a telegraph office for their joint use; that in the performance of bis duty, tbe deceased was crossing the tracks at night with a lantern in bis hand, from the telegraph office to bis train, when be was struck by tbe tender that was running backwards at tbe rate of five or six miles an hour; that he was familiar with tbe situation and knew that tbe engine and tender had been detached from the train to which they belonged and run forward to a water tank, and that they would soon return; where the evidence tends to show that-there was no light on the tender and no notice of its approach given by bell or whistle; that the night was windy and stormy, and the air filled with steam; and that there was noise caused by the movement of another train near by, and by the escape of steam from its engine.</p>