Snyder v. Pennsylvania Railroad

Citations

• 205 Pa. 619
• 55 A. 778
• 1903 Pa. LEXIS 626

Syllabus

<p>Negligence — Proximate cause — Railroads—Employee—Act of Congress March 2, 1893, U. S. Comp. Stat. 3175 — Act of April 9, 1868, P. L. 779 —Constitution of United States — Interstate commerce.</p> <p>In an action to recover damages from a railroad company for the death of a locomotive fireman, where it appears that the train upon which he was employed was running at the rate of about sixteen miles an hour; that the engineer’s attention had been called to cattle alongside the track some distance before he reached them; that he took no measure to check the speed of the train in case of a probable collision with them, but relying on their uncertain instinctive action proceeded without taking into account the fact that they might get in front of his train, which they did, and as a result of which the locomotive left the track and the fireman was killed, the negligence of the engineer and not the failure to have air brakes on the train, is the cause of the accident.</p> <p>Not decided whether the constitution of the United States authorizing Congress to regulate interstate commerce extends so far as to compel the adoption of an air brake on railroad trains operated wholly within the state, carrying traffic in obedience to its charter and strictly within state laws.</p> <p>Railroads — Negligence—Special act of April 9, 1868, P. L. 779, requiring railroads to fence in Centre county.</p> <p>The special act requiring railroads in Centre county to fence their right of way imposes no further penalty on railroads neglecting its provisions than to pay for the cattle injured as a result of the failure to fence. It does not make the railroad company liable for injuries to an employee caused by the derailing of a locomotive as a result of cattle getting on the tracks, through a failure on the part of the railroad company to fence.</p> <p>Railroads — General fence law — Special fence law.</p> <p>In those states having general laws requiring all railroads to fence their right of wa