Sanders v. Pennsylvania Railroad

Citations

• 225 Pa. 105
• 73 A. 1010
• 1909 Pa. LEXIS 614

Syllabus

<p>Negligence — Railroads—Responsibility for accident — Burden of proof —Evidence.</p> <p>1. In a negligence case where the defendant, a railroad company, alleges that the accident was due to the negligence of a crew of another railroad company operating a train of such company over defendant’s tracks under a traffic arrangement, the burden is upon the defendant to establish the facts necessary to shift its liability to the other company.</p> <p>2. Where a railroad company permits another railroad company to run cars upon its tracks, it is liable for damages caused by the negligence of the company enjoying the permissive use. Under such circumstances the arrangement for traffic rights is in the nature of a license, and the company enjoying the same is a licensee. The applicartion of the rule, however, depends largely upon the nature of the contract between the companies.</p> <p>3. In an action against a railroad company to recover damages for personal injuries at a grade crossing, it appeared that the safety gates at the crossing were under the control of the defendant. The train which caused the injuries belonged to another railroad company, but came upon the tracks of the defendant only after orders so to do had been given by the employees of the latter company, the rules and regulations of which the employees of the former company were subject to at the time of the accident. Held, that an action was properly brought against the defendant.</p> <p>4. In an action against a railroad company it appeared that the. plaintiff was riding in an automobile, operated by his son-in-law. There was evidence that the safety gates at the crossing where the accident occurred were raised, that there was no watchman on duty, that no warning was given, that the automobile stopped at a proper place and was immediately started again when a train man of the defendant motioned them to proceed, and that it was struck before it got across the tracks. Held, that the case was for the jury.<