Emch v. Pennsylvania R.

I cannot concur. Had the switch stand needlessly been placed so as to allow *830only 13 inches of clearance, it is conceivable to me that this act might be held to have been negligent toward those whose duty required them to be upon the sides of the moving ears (see dissenting opinion in Southern Pac. Co. v. Berkshire, 254 U. S. 415, 419, 41 S. Ct. 162, 65 L. Ed. 335); but the plaintiff was not so injured. To those whose duty it was to throw the switch, the situation was observable at a glance. Prom these the company had the right to expect self-protection. Chesapeake & O. R. Co. v. Nixon, 271 U.…