Douglass v. New York Central & Hudson River Railroad
Douglass v. New York Central & Hudson River Railroad
Opinion of the Court
Opinion by
As the injury received by appellant and for which this suit was brought was not immediately caused by a defect in the ma
Mr. Justice Gheen, in South-Side Passenger Railway Co. v. Trich, 117 Pa. 390, said: “ It was certainly not a natural consequence of a person being upon the street that he would be struck by a runaway horse. Nor is there the slightest reason for saying that it would be a probable consequence. The utmost that can be said would be that such a consequence might possibly happen. But things or results which are only possible cannot be spoken of as either probable or natural. For the latter are those things or events- which are likely to happen and which for that reason should be foreseen. Things which are possible may never happen, but those which are natural or probable are those which do happen and happen with such frequency or regularity as to become a matter of definite inference. ■ To impose such a standard of care as requires, in the ordinary affairs of life, precaution on the part of individuals against all the possibilities which may occur, is establishing a degree of responsibility quite beyond any legal limitations which have yet been declared.”
The rule is well settled that the injury must be the natural and probable consequence of the negligent act without probable
As the defect in the pipe in this case was not the proximate cause of the injury, it is unnecessary to discuss whether appellant, having continued to work in consequence of a threat of discharge, assumed the risk of it as one obvious and incidental to his employment.
The judgment is affirmed.
Reference
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- Douglass v. New York Central & Hudson River Railroad Company
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- Negligence—Railroads—Master and, servant—Locomotive engineer—Defective appliance—Proximate cause. In an action by a locomotive engineer against his employer, a railroad company, to recover damages for personal injuries, it appeared that prior to the accident the oil pipe of the locomotive which plaintiff was running had burst at a point where it came out from -under, or through the jacket of the boiler near the smokestack. The pipe was used to carry oil from a reservoir inside of the cab to the valve upon the steam chest. In consequence of it having burst the oil ran out and the valve was not supplied with oil, but in order so to supply it the plaintiff while the engine was drifting down grade, having gone through the window of the cab, stepped upon the narrow footway alongside of the boiler, walked to a point near the steam chest and there stooping down, with a hand oiler poured the oil into the valve. Having done so he returned to the cab and just as he reached its entrance his foot slipped, and he fell forward into it, striking the water gauge inside of the cab. By the blow thus given the gauge was thrown open, causing boiling water and superheated steam to pour into plaintiff’s shoe and seriously injured him by burning his foot. Held, that the defective pipe was not the proximate cause of the accident, and that binding instructions for defendant were proper. The injury must be the natural and probable consequence of the negligent act without probable foresight, and if the facts as to the cause of the injury are not disputed the question of proximate cause becomes one of law for the determination of the court. Mitchell, C. J., dissents.