Brommer v. Pennsylvania R.

Citations

• 179 F. 577
• 1910 U.S. App. LEXIS 4678

Syllabus

<p>1. Railroads (§ 328*) — Accidents at Crossings — Care Required oe Automobile Driver — Duty to Stop, Look, and Listen.</p> <p>The duty of an automobile driver approaching a grade railroad crossing, where there is restricted vision to stop, look, and listen, and to do so at a time and place where stopping and where looking and where listening will be effective, is a positive duty.</p> <p>[Ed. Note. — Eor other cases, see Railroads, Cent. Dig. § 1057; Dee. Dig. § 328.*]</p> <p>2. Railroads (§' 328*) — Accidents at Crossings — Contributory Negligence —Driver oe Automobile.</p> <p>The driver of an automobile which was struck by a train at a grade crossing of railroad tracks was chargeable with contributory negligence which precludes his recovery from the railroad company for his injury, where, as he approached the crossing, his view of the tracks in the direction from which the train approached was obstructed by buildings and trees until he reached a point within 30 or 40 feet from the track, from which point he could have seen along the track for at least 500 feet, but he drove upon the crossing without stopping to look or listen.</p> <p>[Ed. Note. — FOr Other cases, see Railroads, Cent. Dig. § 1058; Dec. Dig. § 328.*]</p> <p>3. Railroads (§ 327*) — Accidents at Crossings — Contributory Negligence —Person Riding in Automobile Driven by Another.</p> <p>One riding in an automobile by invitation of the owner and driver, with whom he sat on the front seat, equally with such driver was required to exercise care for his own safety, and where without objection or protest he permitted the driver to negligently drive upon a railroad crossing immediately in front of an approaching train without stopping to look or listen, exercising no care on his own part to ascertain whether the crossing was safe, although the view of the track was obstructed until they reached a point only a few feet distant, he is chargeable with negligence contributing to his own injury by the striking of