Fullmer v. New York Central & Hudson River Railroad
Supreme Court of Pennsylvania
Appeal, No. 45, Jan. T., 1904, by defendant, from judgment of C. P. Lycoming Co., June T., 1903, No. 360, on verdict for plaintiff in case of Herman Fullmer v. New York Central & Hudson River Railroad Company. Trespass to recover damages for personal injuries. Before Hart, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for plaintiff for 18,000, subject to question of law reserved.
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Appeal, No. 45, Jan. T., 1904, by defendant, from judgment of C. P. Lycoming Co., June T., 1903, No. 360, on verdict for plaintiff in case of Herman Fullmer v. New York Central & Hudson River Railroad Company. Trespass to recover damages for personal injuries. Before Hart, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for plaintiff for 18,000, subject to question of law reserved. Subsequently the court entered judgment on the verdict. Error assigned among others was ih not entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff was employed in the defendant’s repair yard to inspect and repair air brakes. All the tracks in the yard were connected at one end with a track by means of which cars were transferred to different parts of the yard. The tracks and switches were in the exclusive use of the yard crew, and when men were working under the cars a blue flag was used as a signal of warning to this crew. The plaintiff had been employed in the yard nearly a year, was familiar with its management, and knew the dangers incident to his employment. On the morning of the accident,…
2Cited by1 opinion
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