Sage v. Lehigh Valley Railroad

Citations

• 241 Pa. 49
• 88 A. 77
• 1913 Pa. LEXIS 733

Syllabus

<p>Negligence — Railroads—Master and servant — Dangerous occupation — Coupling cars by hand — Instructions—Orders of person in charge of work — Reliance upon superior — Act of June 10, 1907, P. L. 528.</p> <p>1. In an action against a railroad company to recover damages for personal injuries suffered by an employee, it appeared that the latter was employed as a flagman on a work train, and at times helped make up trains; that on the morning of the accident he was directed to assist in switching out a certain car, which had to be uncoupled, involving the use of a cut lever; and that the lever was out of order; at peremptory direction of the conductor, under whose orders he was, and upon the latter’s express assurance that there was no danger, he reluctantly undertook to uncouple the car by hand; and that while so doing he was injured by the sudden starting of the train. It further appeared from the evidence that the plaintiff was inexperienced in cutting cars by hand, and had received no instruction from the defendant as to the proper method of severing the coupling in the manner in which he was ordered to do it or as to how to avoid the danger. It also appeared that in order to uncouple cars it was necessary to bump them together, and that therefore there is danger in uncoupling them by hand; and that the train in question was backed up on signal before plaintiff was hurt. Held, the case was for the jury and a verdict for plaintiff was sustained.</p> <p>2. In such a case, the fellow-servant rule cannot be invoked by the defendant, since the case falls within the terms of Section 1 of the Act of June 10, 1907, P. L. 523.</p>