Arnold v. Philadelphia & Reading R. R.

Citations

• 161 Pa. 1
• 34 W.N.C. 202
• 28 A. 941
• 1894 Pa. LEXIS 619

Syllabus

<p>Negligence — Railroads—“ Stop, look and listen.”</p> <p>Plaintiff, a young woman with good eyesight but somewhat deaf, was struck and injured by a train at a street crossing. There was evidence that the train was going at a high rate of speed, and had given no signal. Plaintiff’s testimony, which was corroborated by other witnesses, was in effect that she stopped about two feet from the outside rail, and looked and listened. Hearing and seeing no train, she started across the tracks, and was struck just as she was clearing the outside rail on the second track about eighteen feet from the point where she stopped. The evidence was conflicting as to what distance a train could be seen from the point where she stopped ; one witness stated it to be one hundred and twenty feet, another three hundred feet. The evidence was also conflicting as to the speed of the train at the time of the accident. Held that the case was for the jury.</p> <p>The court could not say, as ah established fact, that she ought to have seen, or could have seen, this train where she stopped, and there have waited until it passed. Nor could the court say she ought to have stopped on the first track and again have looked, or in the space between the up and down tracks. Whether, after doing what care under the circumstances required before going upon the crossing, she crossed as care demanded when on it, could only be determined by the jury from ail the evidence. By Mr. Justice Dean.</p>