Cover v. Conestoga Traction Co.
Cover v. Conestoga Traction Co.
Opinion of the Court
Opinion by
The plaintiff was a brakeman in the employ of the defendant company. At the time he met his injury, and for five days preceding, his work was braking cars employed in hauling crushed stone from quarries located along a siding out to the main track, whence they were to be carried to their destination. On this particular occasion a loaded car was being hauled from the quarries by one of defendant’s motors to'which was attached an unloaded car. The design was to remove the loaded car and replace it with the empty car so that the latter might receive its freight. This could only be done by first hauling both cars out of the siding to the main track and there shifting them. It was while this was being done that plaintiff received his injuries. While standing on the bumper of the empty car engaged in uncoupling it from the loaded car so that it could be returned to the quarries, the motorman, after starting to shift, applied extra power to his motor in order to carry the loaded car a distance which would permit the unloaded car to return on the siding to the quarries. This application of additional power produced a sudden violent jar, and at this moment, and in consequence, plaintiff fell between the two cars and was injured. Two theories were advanced with respect to the cause of the accident. That contended for by plaintiff was that his fall was occasioned by the breaking of the iron bolts which were used to clamp together the upper and lower bars through which the coupling pin was dropped. The explanation advanced by defendant was that plaintiff was thrown between the cars by the sudden jar produced by the application of the higher power.
It is not disputed that an operating cause of the accu dent was the sudden violent jar produced by the act of
That would be resting the case on theoretical opinion before any ground had been laid for it by evidence based on knowledge derived from experience and observation. The several offers when this witness was on the stand were all alike objectionable for the reason we have stated, and were properly refused. As the case then stood no intervening negligence on part of the defendant was shown, and except as this was shown, the plaintiff’s injuries were necessarily referable to the jar occasioned by the application of increased power to the motor as the proximate cause, which, whether negligent or not under the circumstances, was the act of the motoman, a eoemployee with the plaintiff, for which no liability would attach to the defendant company. In the view we take of the case it is unnecessary to discuss the theory advanced by the defendant, that it was the jar and not the breaking of the bolts that threw the plaintiff between the cars and occasioned his injury. For the reasons given we think the nonsuit was properly entered, and no error was committed in refusing to remove it.
The judgment is affirmed.
Reference
- Full Case Name
- Cover v. Conestoga Traction Company
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- Published