Buckman v. Philadelphia & Reading Railway Co.

Citations

• 232 Pa. 351
• 81 A. 332
• 1911 Pa. LEXIS 725

Syllabus

<p>Appeals — Practice—Supreme Court — Paper-books—Rule 26 — Statement of questions involved.</p> <p>1. Rule 26 as to space allowed in paper-books on appeals for statement of the questions involved is mandatory and counsel for an appellant must remember that they assume great risk for their client in disregarding it themselves or in permitting printers to do so for them.</p> <p>Negligence — Railroads—Stop, look and listen — Customary place to stop — Evidence.</p> <p>2. In an action against a railroad company to recover damages for the death of a person killed at a railroad crossing it is competent for the plaintiff to show that the place where deceased stopped before entering upon the track was the usual and customary place of stopping to look and listen for trains.</p> <p>Negligence — Railroads—Public crossing — Signals—Weight of evidence — Negative testimony.</p> <p>3. In an action against a railroad company to recover damages for the death of a person killed by a train at a public crossing where three witnesses for the plaintiff who were on the scene, two of whom were particularly interested in the train, testify positively that the first warning given of the train’s approach was the blast of the whistle an instant before the collision, the question whether such testimony is overcome by the positive testimony of four witnesses that the proper signal had been given, is solely for the jury.</p> <p>Negligence — Railroads—Public crossing — Stop, look and listen.</p> <p>4. In an action against a railroad company to recover damages for the death of a person killed by a train at a railroad crossing the question of the contributory negligence of the deceased is for the jury where several witnesses testify that deceased stopped about 140 feet from the crossing at a point where persons driving teams were accustomed to stop, look and listen for trains, at which point there was a view in the direction from which the train came of from 300 to 500 feet, the view there being obs