Bond v. Pennsylvania Railroad

Citations

• 224 Pa. 460
• 73 A. 931
• 1909 Pa. LEXIS 825

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, look and listen”— Evidence.</p> <p>1. In an action against a railroad company to recover damages for personal injuries sustained at a grade crossing the corroborated testimony of the plaintiff was that the evening of the accident was dark and foggy, that there was no headlight on the engine and that no signal of its approach was given by bell or whistle. He further testified that, though looking in each direction, he did not hear the engine, adding that, if it had been daylight, he would have seen it and the accident would not have happened. On his cross-examination after again stating that, if it had been daylight, he could have seen, he said, when pressed to state how far he could see, or did see, “ Probably a couple of hundred feet ” and immediately followed this with the answer that he “ Couldn’t say exactly.” Held, that it was for the jury to determine whether or not the plaintiff intended to say he could have seen the approaching train in the dark and foggy evening for a distance that would enable him to avoid it.</p> <p>Negligence — Railroads—Charge—Submission of question without proof — Speed of train.</p> <p>2. In a railroad accident ease it is reversible error so to answer a point as to permit the jury to find that the defendant had been negligent in running its train at a high rate of speed, where there is no evidence on the part of the plaintiff as to the rate of speed at which the train was running, while the uncontradicted testimony of the engineer was that he was running at about seven miles an hour.</p>