Smith v. Chester Traction Co.

Citations

• 231 Pa. 308
• 80 A. 254
• 1911 Pa. LEXIS 837

Syllabus

<p>Negligence — Street railways — Master and servant — Defective controller — Duty to inspect.</p> <p>In an action for damages for personal injuries the case is for the jury where the evidence showed or tended to show that the plaintiff, a motorman on the defendant’s road, was directed by the dispatcher to take out a car, that one controller of the car was found defective when first used on the trip, but that the motorman continued to run the car on this controller at the direction of the conductor, to a place where he would telephone for another car; that as he went on, the condition of the controller became worse and he received more severe shocks, but was able to manage the car without injury until he attempted to stop to avoid collision with another car, when in reversing the controller his arm was burned, he was made unconscious by the electric shock, and in the collision which resulted he was otherwise injured; and that the company’s cars were sent out without inspection and that the defect on the controller would have been disclosed by inspection.</p>