Caudell v. Baltimore & Ohio Railroad

Citations

• 234 Pa. 392
• 83 A. 361
• 1912 Pa. LEXIS 659

Syllabus

<p>Negligence — Railroads—Yards—Permissive crossing.</p> <p>Where a railroad company permits persons to enter its yard for the purpose of unloading cars of produce, and it appears that there were certain plank crossings in the yard used by wagons, but that it was also necessary for consignees of produce and their employees in order to get to their cars, to go diagonally across intervening tracks, the railroad company will be liable for the death of an employee of a consignee who was killed by the negligent operation of a train, while he was diagonally crossing, without negligence on his part, to the tracks on which the ears were at a point other than the plank crossings. Such a case is not controlled by the rules of law applicable to grade-crossing cases, and it cannot be held as a matter of law that the deceased was guilty of contributory negligence in making the diagonal crossing.</p>