Slota v. Albert Lewis Lumber & Manufacturing Co.

Citations

• 215 Pa. 434
• 64 A. 632
• 1906 Pa. LEXIS 817

Syllabus

<p>Negligence — Master and servant — -Crossing railroad track — Falling under train — Contributory negligence.</p> <p>In an action against a lumber company to recover damages for personal injuries a nonsuit is properly entered, where it appears that the plaintiff was ordered by the defendant’s foreman to cross a railroad track in order to load cars, that on a part of the track in question there was standing a train of cars with a locomotive attached, not under the control of defendant; that the plaintiff instead of going over the cars or around them, stooped down and crawled under the cars, and while in this position was injured by the starting of the train.</p>