Smith v. Philadelphia & Reading Railway Co.

Citations

• 232 Pa. 323
• 81 A. 297
• 1911 Pa. LEXIS 719

Syllabus

<p>( Negligence — Railroads—Master and servant — Defect in appliances— Previous knowledge — Nonsuit.</p> <p>1. In an action against a railroad company to recover damages for the death of an employee of another railroad lawfully using the tracks of the defendant, where-the plaintiff’s case rests on the contention that defendant was negligent in allowing a derailing switch to be out of repair, a nonsuit is properly entered if the undisputed testimony shows that the switch was inspected the day before the accident and found in good condition and working properly, that the device was in good order within an hour and a half of the accident, and that two trains passed over it without any difficulty and the only evidence in the case tending to show that the switch was out of order is that of a witness who saw the condition of things only at the moment of the accident.</p> <p>2. In an action against an employer to recover for injuries done to an employee or a person in the position of an employee, where the basis of recovery is an alleged defect in appliances or machinery, it is not enough to show that the defect existed at the moment of the accident but it must also appear that the master had an opportunity of previous knowledge or that the facts were such that he ought to have known of the defect.</p>