Boggs v. Pittsburg, McKeesport & Greensburg Railway Co.

Citations

• 216 Pa. 314
• 65 A. 535
• 1907 Pa. LEXIS 807

Syllabus

<p>Negligence — Street railways — Grade crossings — “Stop, look and listen”— Evidence — Province of court and jury.</p> <p>In an action to recover damages for personal injuries sustained at a grade crossing, plaintiff testified that at the brow of a hill above the crossing, he looked both ways and “saw nothing in sight.” At that point he could see 500 feet in the direction from which the electric car came. He then drove down and near the crossing, stopped his horse, looked, listened, and there being no car in sight or hearing, “ drove a natural gait across.” An account of the accident given by a witness for the plaintiff was not reconcilable with the account given by the plaintiff. Plaintiff also testified that if there had been any car on that hillside he could have heard it. Held, that it was for the jury to pass upon the irreconcilable conflict of testimony, and the inferences to be drawn from plaintiff’s testimony.</p>