Werst v. Lehigh Valley Railroad

Supreme Court of Pennsylvania

Werst v. Lehigh Valley Railroad

42 A. 881, 190 Pa. 482, 1899 Pa. LEXIS 1048

CourtSupreme Court of Pennsylvania

DecidedMarch 27, 1899

DocketAppeal, No. 199

StatusPublished

This text of 42 A. 881 (Werst v. Lehigh Valley Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Werst v. Lehigh Valley Railroad, 42 A. 881, 190 Pa. 482, 1899 Pa. LEXIS 1048 (Pa. 1899).

Pincite

Opinion

Per Curiam,

The only assignments of error in this case are the refusal of the court below to direct a verdict for the defendant. We do not see how the court could have taken the case from the jury. There was evidence that the blue flag was placed on the railroad track at a sufficient distance from the car under which the deceased was at work to protect him if it was seen by the conductor of the defendant’s train. The accident occurred at about 2 o’clock in the afternoon, and the day was clear. The question whether the men on the defendant’s train ought to have seen the flag was essentially for the jury. If their omission to see it was negligence, the defendant was liable, and that question could only be decided by the jury.

Judgment affirmed.

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Per Curiam,

The only assignments of error in this case are the refusal of the court below to direct a verdict for the defendant. We do not see how the court could have taken the case from the jury. There was evidence that the blue flag was placed on the railroad track at a sufficient distance from the car under which the deceased was at work to protect him if it was seen by the conductor of the defendant’s train. The accident occurred at about 2 o’clock in the afternoon, and the day was clear. The question whether the men on the defendant’s train ought to have seen the flag was essentially for the jury. If their omission to see it was negligence, the defendant was liable, and that question could only be decided by the jury.

Judgment affirmed.

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Bluebook (online)

42 A. 881, 190 Pa. 482, 1899 Pa. LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werst-v-lehigh-valley-railroad-pa-1899.