213 Pa. 471 | Pa. | 1906
Opinion by
The circumstances under which the injuries in this case were sustained, afford no basis for a recovery by way of compensation. The injured party, a little child less than two years of age, while on the track of the trolley road owned and operated by defendant company, in connection with its coal mines, was struck by a motor drawing an empty train of cars, while on its return trip to the mines, and seriously hurt. The accident occurred at a point about 200 yards from the public crossing, on the ground of the defendant company. It is needless to inquire how the child came to be there; it is enough to know that it was improperly there, and that no responsibility in connection therewith attaches to the defendant in this action. At the public crossing the electric current is broken and the cars are carried across by their momentum. After the crossing is cleared, the motorman is required to readjust the trolley to connect with the power. To do this his attention must be directed to the rear of his car, and for the time being he is prevented from looking in the direction in which the car is moving.
On this occasion he was so engaged, certainly until the motor was within twenty-five or thirty feet of the child. The witness, Alexander, testifies that when he saw the motor first, it was at this distance from the child; that the motorman then had his knee upon his seat with his face toward the rear, and was engaged in fixing his trolley; that up to that time he had not turned around. The evidence affords no reasonable ground to believe that, if the motorman from this point had had an unobstructed view of the child, the accident could certainly have been averted by any degree of vigilance or alertness. The train was running at a speed of from six to ten miles an hour. Upon his cross-examination the witness, Morney, an experienced motorman, testified that he could stop a train such as this was, moving at the rate of speed here given, within forty feet, if the motor were in first-class repair. The witness spoke of his own skill, and not of what was to be expected of the
The nonsuit was properly ordered and the judgment is affirmed.