Sullivan v. Baltimore & Ohio R. R.

Citations

• 272 Pa. 429
• 116 A. 369
• 1922 Pa. LEXIS 843

Syllabus

<p>Negligence — Railroads—Interstate commerce — Federal Employers’ Liability Act of April HH, 1908, 85 Stat. 65, eh. 11& — Evidence —Braheman—Defective appliance — Case for jury — Happening of accident — Res ipsa loquitur.</p> <p>1. In an action for personal injuries under the Federal Employers’ Liability Act, plaintiff must show not only that the carrier was engaged in interstate commerce, but also that he himself was so engaged at the time of the injury.</p> <p>2. Where the evidence is clear enough to justify a declaration as to the class of work in which plaintiff was engaged, the court may so declare; but, where the question rests upon facts as to which there may be doubt, the solution is for the jury.</p> <p>3. The fact that intrastate as well as interstate ears were included in the train upon which plaintiff was injured, does not alter the character of the service.</p> <p>4. If plaintiff brings his suit under the Federal Employers’ Liability Act, instead of the Safety Appliance Act, he is bound to present a case free from facts showing the risk was one which had been assumed by him when employment was accepted.</p> <p>5. A railroad company is bound to exercise due care to ascertain whether its appliances remain in a reasonably safe condition, and to remedy any defects which may be discovered.</p> <p>6. In an action by a brakeman against his employer for injuries sustained by the breaking of a defective ladder on a car, the case is for the jury where the only witness as to the defective condition of the ladder was plaintiff himself, and the witnesses for defendant testify that no such defect appeared upon inspection.</p> <p>7. The mere fact of the happening of the accident gave rise to no presumption of negligence.</p> <p>Negligence — Injuries—Evidence—Expert testimony.</p> <p>8. In an accident case, testimony by a physician that a permanent injury complained of could have occurred from the accident, is insufficient, if the finding of the jury is to rest alone