Bickel v. Pennsylvania Railroad

Citations

• 217 Pa. 456
• 66 A. 756
• 1907 Pa. LEXIS 737

Syllabus

<p>Negligence — Railroads—Grade crossing — Contributory negligence — Case for jury — “Stop, look and listen.”</p> <p>It is the duty of the employees of a train approaching a crossing to give such signal as will protect the traveler if he is in the exercise of ordinary care. It is not a conclusive answer for a railroad company to say that the bell was rung or the whistle was sounded in reply to a charge that a train negligently approached a grade crossing, unless it appears that under the circumstances of the case such signal was sufficient to give timely notice to travelers who were approaching the crossing on the highway. At such crossing the duties of the company and of the traveler are reciprocal. Each must approach the crossing with a due regard for the rights of the other, and when either fails to observe the care required, it is negligence for which the guilty party is responsible. Either party will only be absolved from the charge of negligence if he has done what the circumstances of that particular case required a prudent man to do.</p> <p>In determining the duty of a person approaching a dangerous grade crossing with restive horses, regard must be had not only to the conduct of the driver under the circumstances, but that of the railroad company in not giving proper signals at a point where the driver would have heard them in time to save himself from being placed in a dangerous position.</p>