263 Pa. 398 | Pa. | 1919
Opinion by
Plaintiff was injured while in the act of setting the handbrake on a freight car as the train crew, of which he was a member, was shifting cars in the yard of the iiEtna Chemical Company, at .Oakdale in Allegheny
Plaintiff’s contention that he was engaged in interstate commerce is based on proof submitted to the effect that three of the cars included in the train contained material consigned from points without the State for delivery to the iEtna Chemical Company. The train on which plaintiff was working was a local one, running from a point near Carnegie to Primrose, both within the State of Pennsylvania. Part of the duty of the crew, if requested to do so by the person in charge of the yard, was to shift cars in the various yards located along the road. The. particular car on which the accident occurred was empty and had been standing in the yard of the chemical company for several days. Its removal to another track was desirable and, in making such transfer, the loaded cars, constituting the train, were not detached, but remained in their position and the empty car coupled to the rear end. Plaintiff was ordered to “ride the empty car” down the switch and apply the brake at the proper time. No reason for shifting the car is given; the testimony, however, on behalf of plaintiff showed the train crew was at the time engaged in shifting cars in the chemical company’s yard.
The charge of negligence on the part of defendant is based upon the allegation that the airbrake on the car was in a defective condition and that the defect was easily discoverable had proper inspection been made. Evidence was produced by plaintiff tending to show the car had been in an accident a short time before and, as a result of the mishap, the piston rod, which moves in and out of the air chamber, had become bent to such extent that, on the air pressure being released, it failed to return as it should to its original position, but protruded outward from six to ten inches, creating a slack, and causing the chain to coil upon itself in such a manner as to slip, upon the application of pressure from a tightening of the brake wheel. Granting that the airbrake was out of order or defective in the manner stated, the proofs failed to show this condition was the proximate cause of plaintiff’s injury. Plaintiff’s, witnesses admitted the brake chain might have become loose from several causes, and that this condition and the slipping of the chain as it wrapped around the brake stem is one of the dangers a brabeman is required to guard against at all times during the course of his employment. We find nothing in the record to indicate whether the slipping of the hand brake chain was due to defective piston
The judgment is affirmed.