Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.

Supreme Court of Pennsylvania November 9, 1903

Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co., 207 Pa. 198 (Pa. 1903)

56 A. 417; 1903 Pa. LEXIS 469

Brown, Dean, Fell, Mestrezat, Mitchell, Potter

Opinion of the Court

Per. Curiam,

Whether the act of congress of March 2, 1893 (27 U. S. Stat. at Large, 531), in regard to the use of automatic couplings on cars employed in interstate commerce, has any applicability at all in actions for negligence in the courts of Pennsylvania, is a question that does not arise in this case, and we therefore express no opinion upon it. The learned judge below sustained the nonsuit on the ground of the deceased’s contributory negligence and the judgment is affirmed on his opinion on that subject.

Reference

Full Case Name: Schlemmer v. Buffalo, Rochester & Pittsburg Railway Company
Cited By: 2 cases
Status: Published
Syllabus: Railroads—Negligence—Brakeman—Coupling cars— Contributory negligence—Nonsuit. In an action against a railroad company to recover damages for the death of a brakeman, a nonsuit is properly entered on account of the contributory negligence of the deceased, where the evidence showed that the deceased at the time of his death was engaged in making a coupling between a car and a steam shovel or construction car, that immediately before the accident he was warned of the danger, was twice instructed as to the manner of operation, but contrary to instructions raised his head too high, and was struck and killed. Railroads—Negligence—Interstate commerce—Automatic couplers. ■ Not decided whether the act of congress of March 2, 1893 (27 U. S, Stat. at Large, 531) in regard to the use of automatic couplings on cars employed in interstate commerce, has any applicability at all in actions for negligence in the courts of Pennsylvania.