Sanker v. Pennsylvania Railroad

Citations

• 205 Pa. 609
• 55 A. 833
• 1903 Pa. LEXIS 624

Syllabus

<p>Railroads — Workmen in tunnel — Obvious danger — Negligence.</p> <p>The repairing of railroad tracks in or near a tunnel is obviously dangerous when the tracks are in service, and the employee working thereon is bound to take notice of the danger and assumes all such risks arising from his employment as he might have known were incident thereto.</p> <p>Negligence — Railroads—Tunnel gang — Operation of trains in tunnel.</p> <p>In an action to recover for the death of an employee of a railroad company it appeared that the deceased, who was one of the gang employed at work in a tunnel in which there were two railroad tracks, had received notice before going into the tunnel that the tracks were clear and the trains would be run as usual on both tracks. The workmen had been notified earlier in the day that there would be no single track movement (i. e., that trains would not run in both directions) on the south track. The usual way for the railroad company to operate its road was to run its trains when its exigencies required it for short distances both ways on each of the tracks. Ample space was provided where workmen could escape injury from passing trains on either track. When in or near the tunnel, it was impossible to tell on which track a train was coming except from the direction in which it entered the tunnel, ordinarily west-bound trains passing through on the north track and east-bound trains on the south track. A train entered the tunnel going west and the deceased, with others, stepped on the south track to avoid it. The train instead of being on the north track was on the south track, and striking the deceased inflicted injuries from which he died. Held, that the notice to the employees that the trains would be run as usual on both tracks was notice that trains might come on either track in both directions, and that the deceased was guilty of contributory negligence.</p> <p>Practice — Rules of Supreme court — Paper-books—Opinion of court below on motion f