Werst v. Lehigh Valley Railroad

Citations

• 190 Pa. 482
• 42 A. 881
• 1899 Pa. LEXIS 1048

Syllabus

<p>Negligence — Railroads—Contributory negligence — Province of court and jury.</p> <p>In an action against a railroad company to recover damages for the death of plaintiif’s husband, the question of the deceased’s contributory negligence and the defendant’s negligence is for the jury where the evidence shows that the deceased was a car inspector in a yard jointly used by the company which employed him and by the defendant company; that a rule of the yard provided that a blue flag should be placed in the daytime on the end oj: a car to denote that car inspectors were at work under or about the car; that the deceased placed a blue flag on the railroad track at a sufficient distance from the car under which he was at work to protect him if it had been seen by the conductor of the train which struck him; and that the accident occurred at about 2 o’clock in the afternoon of a clear day.</p>