Barthelmas v. Lake Shore & Michigan Southern Railway Co.

Citations

• 225 Pa. 597
• 74 A. 556
• 1909 Pa. LEXIS 707

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, look and listen”— Evidence — Case for jury.</p> <p>1. The rule which imposes on the traveler the duty of stopping, looking and listening before entering on a crossing, implies antecedently that there is a safe place where he may stop and by the exercise of his senses of seeing and hearing, inform himself as to the situation with respect to safety. Where there is no such place his failure to stop will not acquit him of contributory negligence if he does not stop, the rule being imperative and invariable that the traveler must stop, look and listen, no matter what the conditions, and failure to do so is negligence per se.</p> <p>2. If the proper place at which one stops admits of but a restricted view of the track, and the conditions are such as to deaden the sound or signal of an approaching train, it is the travelers’ duty in entering on the crossing to be all the more cautious,and observant; but the law defines no particular act in this connection which at his peril he must do or refrain from doing. If it be shown that he stopped at a place as good as any other for observation and looked and listened without seeing or hearing warning, whether he was negligent in entering upon the crossing would depend entirely upon the circumstances under which he made his attempt.</p> <p>3. Where a traveler with several tracks to cross enters upon the first track without violating any fixed rule, the duty continues with him to be watchful to the end. The law defines no particular act that he must do to avoid the imputation of contributory negligence, except that if any intervening space between any of the tracks offers, where with safety to himself he can have larger opportunities for seeing and hearing, he is bound there to stop, look and listen quite as much as he was bound to stop before entering upon the first track.</p> <p>4. In an action against a railroad company to recover damages for personal injuries sustained at a grade