248 Pa. 298 | Pa. | 1915
Opinion by
In this action the plaintiff seeks to recover damages for personal injuries which resulted, as he alleges, from the negligence of the defendant company. At the time of the accident, in which he was hurt, he was employed as a brakeman upon a freight train made up of cars which were being used in interstate commerce. The train was not however, at the time made up for a through run, but was passing through a shifting operation in the terminal yard of the defendant company. While the train was temporarily halted upon a connecting track, waiting for ¿nother train ahead of it to pull out of the way, the plaintiff was upon the pilot of the engine. By reason of the breaking, or pulling out of a drawhead, the cars in the front train separated, and part of them drifted backward, down grade, and collided with the front of the engine of the rear train, and injured the
It was shown, however, that plaintiff instituted a suit upon this same cause of action in the United States District Court for this district, and that judgment of compulsory nonsuit was there entered against him. In his opinion refusing the motion to take off the nonsuit
. The assignments of error are overruled, and the judgment is affirmed.