Blauvelt v. Delaware, Lackawanna & Western Railroad

Citations

• 206 Pa. 141
• 55 A. 857
• 1903 Pa. LEXIS 663

Syllabus

<p>Negligence — Railroads—Grade crossing — “ Stop, bolo and listen ” — Evidence — Presumption.</p> <p>In an action to recover damages for the death of a man killed while riding a horse over a grade crossing on a dark night, without any witnesses of the accident, the case is for the jury where the evidence for the plaintiff, although contradicted, tends to show that the night was so dark that the engine approaching the crossing running backward could not be seen ; that it gave no warning by whistle or bell of its approach ; that it carried no lights, that it could not be seen by a person approaching the crossing ; and that it ran so noiselessly that it could not be heard by any one on the highway as he came to the crossing.</p> <p>In such a case the presumption is that the deceased did his duty as he approached the crossing by stopping, looking and listening.</p> <p>Negligence — Death—Parent and child — Adult son — Evidence.</p> <p>In an action by a mother to recover damages for the death of her adult son, where the statement of claims shows the relation between the plaintiff and the deceased, the plaintiff may show what loss pecuniarily she had sustained in the death of her son.</p> <p>Evidence — • Computation — Jury.</p> <p>Where there is data in evidence from which the jury may make a computation, it is noterror to refuse to permit a witness to make the computation.</p> <p>Evidence — Cross-examination—Contradiction of witness.</p> <p>Where a witness has been cross-examined on matters material to the issue to which he testified in chief, his answers on cross-examination may be contradicted by other witnesses.</p>