Collins v. Philadelphia & Reading Railway Co.
Collins v. Philadelphia & Reading Railway Co.
Opinion of the Court
The plaintiff and John Vesey, employees of the defendant, were engaged in loading a car at the defendant’s freight station. There was a hole in the platform at the car door, 3 to 4 inches wide and 8 to 10 inches long, which had existed for two weeks. This was not a necessary or convenient part of the structure, but it is fairly. inferable from the evidence that it was a defect caused by wear or decay, and there is direct evidence, “that this defect was known to the defendant’s foreman in charge of the men who were employed thereabouts, and to the plaintiff and his fellow workmen; that the only means to avoid danger from, the hole was a sheet of loose iron thrown over it and not secured or made fast in any manner; that this cover was used by order of iíhe defendant’s foreman; that at the time of the accident the sheet of iron happened not to be over the hole.” The fore
1. As to tbe allegation of defendant’s negligence in permitting tbe defect, it is sufficient to quote again from Justice Yon Moschzisker’s opinion: “If tbe defendant permitted a bole with only a makeshift cover, such as here described, to exist upon its platform, where men were constantly employed, presumably with attention fixed upon their several duties, it clearly could be found guilty of not maintaining a reasonably safe place £o work; hence, tbe nonsuit cannot be justified upon tbe ground of lack of proof of negligence on its part.”
2. Tbe next question is as to tbe causal connection between this clearly proved negligence and tbe injury to tbe plaintiff; it being alleged in tbe statement of claim that tbe injury was caused by one of tbe wheels of tbe truck going into tbe bole in tbe platform. It is urged by appellants’ counsel that- this fact was not proved. Upon this subject tbe plaintiff testified: “I bad. been steadying a crate of furniture and Mr. Yesey was pulling tbe truck, and we were going along tbe floor, and tbe wheel of tbe truck went in the bole in tbe floor and turned this crate of furniture on top of me and broke my ankle and fractured my instep.” Being asked as to tbe shape of tbe bole be answered: “It runs straight along tbe floor, at tbe car door, where we bad to turn to go into tbe car, and tbe wheel went into it and turned it on top of me.” This statement as to tbe wheel going into tbe bole was repeated several times by tbe plaintiff in bis
The sufficiency of the testimony to establish the fact which is at the foundation of the plaintiff’s case is further attacked upon the ground that it presented two
Stress is laid on the admission of Yesey on cross-examination that the crate could have been jolted off by his starting on a run to pull the truck up the incline. It is to be observed, however, that Yesey did not undertake to say that that was the cause of the accident; and while he admitted that he could not say whether the wheel went into the hole or not, he did say “there was a hole in the floor right where the crate fell off,” and that he felt the jar which he thus described, “Just jarring my hand, it leaned heavier on the right hand than the other
3. The remaining questions argued are as to the plaintiff’s contributory negligence and his assumption of risk. These were raised and considered on the former appeal and were decided adversely to the appellant’s contention as follows: “There was no evidence which would justify a nonsuit upon the ground that contributory negligence had been plainly shown, e. g., that at the time of the accident either of the men employed in loading the car performed his work in an unusual or careless manner, or that they must have known the cover was off, or that the truck was about to slip into the hole; and the immediate danger to the plaintiff was not so obvious and imminent that it could be said as a matter of law that he had assumed the risk of the possibility of the hole becoming uncovered and the wheel of the truck slipping into it.”-
Notwithstanding the contention of appellant’s counsel, we are not convinced that the case as presented on the second trial differs so materially from the case as stated in the opinion of the Supreme Court as to warrant a different legal conclusion. On this trial, as on the first trial, the plaintiff’s knowledge of the existence of the hole and of the insecure means of guarding it was shown, but it does not more clearly appear than it did on the first trial that he knew it was uncovered at the very time he and his fellow workman undertook to haul the truck to the car door.
Without further elaboration we conclude that the
The assignments of error are overruled and the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.