Servis v. Philadelphia, Newtown & New York Railroad

Citations

• 256 Pa. 372
• 100 A. 949
• 1917 Pa. LEXIS 619

Syllabus

<p>Railroads — Engines—Escaping steam — Horses ■ — ■ Fright — Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained by the driver of a wagon as a result of his horses being frightened by steam escaping over a public highway from a locomotive it appeared that defendant’s railroad tracks and the street were on the same level and not separated by a fence or guard; that steam was permitted to escape from the locomotive, over the roadway, in an unusual quantity; that when the engine was 150 feet distant, plaintiff's horses, which were approaching from the opposite direction, shied and pranced in fright; that the engineer continued to permit the steam to escape, and when the locomotive reached the horses they backed into the train and plaintiff was thrown under the wheels and sustained the injuries complained of; and it further appeared that plaintiff’s horses were usually quiet, and were accustomed to working around a steam shovel when the steam was being discharged, that plaintiff was just past sixteen1 years of age and had been driving for over a year; the trial judge submitted to the jury defendant’s negligence and whether the employment of plaintiff was contributory negligence. Held, the case was properly submitted to the jury.</p>