Rowdin v. Pennsylvania Railroad

Citations

• 208 Pa. 623
• 57 A. 1125
• 1904 Pa. LEXIS 815

Syllabus

<p>Railroads — Passengers—Carriers—Live stock — Drover—Release—Negligence.</p> <p>A drover accompanying live stock on a railroad, whose transportation has been included in the price paid by the owner for the transportation of the live stock, is not only a passenger in the sense of one who has paid his fare, but is.also a passenger within the meaning of the Act of April 4, 1868, P. L. 58. A release signed by such a drover does not relieve the railroad company from its own or its servant's negligence, but it puts upon the drover the burden of proving negligence.</p> <p>Negligence — Railroads—Passenger—Drover—Release—Evidence.</p> <p>Where a drover whose transportation has been included in the price paid for the transportation of the live stock which he accompanies, is injured while in the live stock car, he sufficiently sustains the burden of proof put upon him by a release of injuries which he had signed, by showing that his injuries resulted from a violent collision between his car and another car on the defendant’s track.</p>