Snyder v. Pennsylvania Railroad
Snyder v. Pennsylvania Railroad
Opinion of the Court
Opinion by
This action was brought by the plaintiff to recover damages for injuries which he alleges he sustained by reason of the negligence of the defendant company. He was employed in the power plant or electric light station of the defendant at Pittsburgh as a fireman, and his duties also required him to clean the boilers and to do such other work about the plant as he was directed to do by his superiors. At the time of the accident he had been employed at the plant for about a year and a half.
The amended statement avers that on May 17, 1906, the plaintiff was instructed to clean up or scrub the engine room, and as a means of doing the work he was compelled to turn on the valve on a pump located in the plant for supplying water for such purposes; that he turned the valve part way on but on account of it being defective, the water was allowed to come on with full force, and the force of the water on account of the defect in the valve forced the valve entirely open; that the water which came from the pump was very hot and contained a strong solution of sodiac; that by reason of the strong pressure on the water it was thrown on him, scalding him badly; that the injuries to the plaintiff were caused by the carelessness and negligence of the company in not having a safe and proper valve in the pump but in having a defective valve therein, and in not repairing the defect after notice of it had been given defendant. The statement further avers that the defendant had notice of the valve being defective for some time prior to the accident, and that the plaintiff had notified the defendant’s chief engineer of the defective condition of the valve.
The plaintiff relies solely on his own testimony to sustain the allegation of the defective condition of the yalve. Prom his testimony it appears that in the boiler
The plaintiff sqys the leak referred to by him was around the stem, and the water which burned him came out of the nozzle of the valve. In reply to questions by his counsel, he further testified as follows: “Q. You say you turned on the valve? A. I opened the valve part way open. Q. What happened then? A. The force of the water threw this valve wide upon. Q. Now, why? What caused that condition, do you know? A. A defective valve. Q. Well, now, wherein was the valve defective? A'. In the first place, the valve — the-packing of the valve was eaten out. Q. By this — ? A. By this
The plaintiff called several other witnesses but none of them testified to the accident or corroborated him as to how the accident happened or the cause of it. The defendant company denies that the valve in question was defective or that the injuries of the plaintiff resulted from a defective valve. It alleges, and called several witnesses to show, that immediately before and after the accident there was in the outlet of the valve a “goose neck” or piece of pipe about eighteen inches long which had been there for months before and continuously after the accident through which water was drawn out of the pump; that a few days before the accident the plaintiff was found twisting the “goose neck” loose in the valve so that he could use it as a hose to squirt water over the floor, and the fact being reported to the chief engineer the latter reproved the plaintiff who promised not to do .so again; that immediately after the accident the “goose
At the close of the testimony the court declined to grant the request of the defendant for binding instructions, and having submitted the case the jury returned a verdict in favor of the plaintiff. Judgment was entered on the verdict and the defendant has taken this appeal.
On the trial of the cause the plaintiff was permitted, against the objection of the defendant, to amend his statement alleging as a ground of negligence, in addition to the defective valve, that prior to the accident he had given notice to the defendant of the defect and that the latter had agreed to remedy it. The action of the court in permitting the amendment is the subject of the fourth assignment of error. The view we take of the case rte-quires us to consider only the first assignment which alleges error in the court in not withdrawing the case from the jury and directing a verdict for the defendant.
It goes without saying that the plaintiff cannot recover merely by proof of the accident. He must go further and show some negligent act on the part of the defendant company which resulted in his injuries. He attempts to do this by showing that the valve was “defective or worn out.” If this were sustained by proper testimony it would give ground for his contention that the defendant was guilty pf negligence which was the
Of course, if there was evidence tending to support the plaintiff’s contention, the question was for the jury and the court was right in submitting it. But it is perfectly manifest, we think, from the evidence introduced by the defendant that the defective packing around the stem was not the cause of the valve flying open and permit
For the reasons stated, we are of opinion that the learned court below should have affirmed the defendant’s point and withdrawn the case from the jury.
The first and third assignments of error are sustained ánd the judgment is reversed.
Reference
- Full Case Name
- Snyder v. Pennsylvania Railroad Company
- Status
- Published
- Syllabus
- Negligence — Master and servant — Pump — Valve — Scalding water — Insufficient evidence of negligence. 1. In an action by an employee against Ms employer to recover damages for injuries from scalding water issuing from the nozzle of a pump from which the plaintiff was drawing water, the plaintiff is not entitled to have his case submitted to the jury, where he testifies that the valve of the pump whirled around and threw the water upon him, that prior to the accident there had been a leak at the stem of the valve, and that this leak resulted from defective packing, but offers no evidence except his own unexpert opinion that the defective packing did or would cause the valve to whirl or move; while five disinterested experts for the defendant testify that it was physically impossible to force open a valve of the design in question with the pressure indicated, even if all the packing around the stem were removed, for the reason that the packing did not control the action of the valve, but was simply to prevent leaking around the stem. 2. In such a case in the absence of competent evidence showing that if there were defective packing around the stem which caused the valve to fly open permitting the escape of water, the jury cannot be permitted to guess that such was its effect upon the valve. .