Biddle v. Philadelphia, Baltimore & Washington Railroad

Citations

• 253 Pa. 299
• 98 A. 566
• 1916 Pa. LEXIS 827

Syllabus

<p>Negligence — Railroad companies — Person walking on tracks— Licensees — Station platform — Contributory negligence — Nonsuit.</p> <p>1. A person walking on one of two or more railroad tracks knowing that a train is coming is chargeable with negligence if he fails to ascertain upon which track the train is, and the fact that he is on a side track will not relieve him of that duty.</p> <p>2. Where in an action by a widow to recover damages for the death of her husband plaintiffs testimony disclosed only that deceased was last seen walking in broad daylight along defendant railroad company’s platform beside its four track railroad at a point where a side track crossed the platform, that a train, of the approach of which deceased had notice, coming from his rear, turned into the siding, giving a whistle blast as it did so, and that subsequently deceased’s mangled body was found along the siding about 25 feet from the platform, and there was no further evidence as to how the accident occurred, a nonsuit was properly entered.</p>