Sweatman v. Pennsylvania Railroad

Citations

• 264 Pa. 286
• 107 A. 697
• 1919 Pa. LEXIS 637

Syllabus

<p>Negligence — Railroads—Foreman of independent contractor— Contributory negligence — Death.</p> <p>1. In an action against a railroad company, to recover damages for the death of a foreman of an independent contractor run down by a train on an elevated structure of the railroad company, no recovery can be had, where it appears, that the duty of the deceased was to oversee three or four gangs of riveters working at different places underneath the level of the tracks; that in going to the points where the men were working, he could walk along a boardwalk parallel with the tracks, or could walk on the tracks or could cross the tracks; that he had been engaged in this work for three or four months; that on the night of the accident he was walking along the boardwalk, at a point where the planks for a short distance had been torn up and a plank had been placed along the nearest rail; that he could pass around the obstruction by using the plank; that as he was about to step down from the boardwalk to the plank, or, as he was leaning over the side of the boardwalk, he was struck by the head of an approaching engine, with light burning and bell ringing.</p> <p>2. In such a case the deceased was not so absorbed or taken up with his work, at the time of the accident, as to relieve him from the duty of looking out for his own safety.</p> <p>Van Zandt v. P., B. & W. R. R., 248 Pa. 216, distinguished.</p>