Carbaugh v. Philadelphia & Reading Railway Co.

Citations

• 262 Pa. 25
• 104 A. 860
• 1918 Pa. LEXIS 579

Syllabus

<p>Negligence — Railroads—Automobile-—Collision—Grade crossing ■ — -Death of passenger in automobile — Former recovery by driver of automobile — Contributory negligence of passenger — Imputed negligence — Interference with driver — Increase of danger — Case for jury.</p> <p>1. In an action to recover for death of plaintiff’s wife, a passenger seated in the tonneau of an automobile at the time of its collision with a train at a railroad grade crossing, she could not be declared guilty of contributory negligence in joining with the driver in testing a manifest danger where there was a verdict in favor of the driver of the automobile in his action against the defendant tried with the present case, such verdict establishing the fact that the driver stopped, looked and listened and that no train was in sight or hearing.</p> <p>2. In such case, assuming deceased saw or was bound to see the approaching train, since the driver also saw it there was no necessity for interference by her with the operation of the car, as such interference might only have served to increase the danger.</p>