Shea v. Erie Railroad

Citations

• 267 Pa. 516
• 110 A. 270
• 1920 Pa. LEXIS 902

Syllabus

<p>Negligence — Railroads—Operation of switch engine in yard — ■ Signals — Failure to give signal — Car inspector — Death—Custom —Yard movement cases — Risk of employment — Contract—Waiver —Notice—Release.</p> <p>1. Where it is the custom, in the operation of switch engines in a railroad company’s yard, not to give signals to employees in the yard, the company cannot be held liable for negligence in failing to give such signal, in an action brought to recover damages for the death of one of its car inspectors, who had been employed in the yard for six months prior to his death.</p> <p>2. The knowledge and acquiescence of such custom, on the part of the deceased, wrote an implied waiver into his contract of employment, releasing the company from such alleged negligence.</p> <p>3. The employee assumed the risk of his employment under the undisputed facts of the case.</p> <p>Curtis, Admr., v. Erie R. R. Co., 267 Pa. 227, applied.</p>