Shoemaker v. Lehigh Valley Railroad
Shoemaker v. Lehigh Valley Railroad
Opinion of the Court
Opinion by
The question for decision here is whether the case was for the jury under the facts. It turns upon the question of the adequacy of the inspection. The defect in the brakes which caused the accident was not patent and obvious and there is no evidence that appellant company knew of the defective condition prior to the accident. If the case rested on the question of prior knowledge of the defective brake there could be no recovery because there was no proof upon which to base such a finding, but that there was a serious defect in the brake is shown by what happened at the time of the accident. The general rule is that the master is not chargeable with knowledge of a latent defect in an appliance which an inspection would not discover, and this rule is relied on by appellant to relieve it from liability in the present case. The brake was inspected in a certain way, but the inspection did not disclose the defective condition. The controlling question, therefore, is whether the inspection which the company caused to be made is a complete bar to a recovery. Was it an adequate inspection, and who is to decide the question of adequacy? Is it to be determined by the court as a matter of law, or by the jury under proper instructions? The learned trial judge submitted it to the jury in a fair
The second position of appellant, that the injuries complained of were occasioned by the negligence of a fellow servant for which the company is not liable, is without merit under the facts of this case. This branch of the case is ruled in principle by McConnell v. Railroad Company, 223 Pa. 442. The master cannot be relieved from a positive duty to properly inspect by showing that a servant employed for this purpose failed in the performance of his duties.
Judgment affirmed.
Reference
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- Shoemaker v. Lehigh Valley Railroad Company
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- Syllabus
- Negligence — Railroads — Master and servant — Oar inspection. 1. In an action by a brakeman against his employer, a railroad company, to recover damages for personal injuries resulting from a defective brake, the case is for the jury and a verdict and judgment for the plaintiff will be sustained, where the evidence shows that the defect in the brake was not patent and obvious; that the last inspection was nearly two months before the accident; that the only force applied at the inspection was about fifty pounds, while the necessary strain to which the brake was subjected in ordinary use was three times that weight; and that the plaintiff at the time of the accident only applied force enough to take up the slack in the brake chain, a force not nearly as great as ordinarily applied in setting the brake. 2. A railroad company cannot be relieved from positive duty to properly inspect a brake by showing a servant employed for this purpose failed in the performance of his duties. The fellow servant rule has no application to such a case.