Charlton v. Baltimore & Ohio Railroad

Citations

• 252 Pa. 107
• 97 A. 126
• 1916 Pa. LEXIS 578

Syllabus

<p>Negligence — Railroads—Pedestrian-—Train standing at permissive crossing — Pedestrian climbing over cars — Contributory negligence — Judgment for defendant n. o. v.</p> <p>1. Tbe Act of March 20, 1845, P. L. 191, relating to the obstruction of public crossings, does not apply to a permissive crossing over a railroad.</p> <p>2. In an action by a pedestrian against a railroad company to recover damages for personal injuries sustained at a permissive crossing over defendant’s tracks, the plaintiff was guilty of contributory negligence and the court did not err in entering judgment for defendant non obstante veredicto, where it appeared that when plaintiff arrived at the crossing it was obstructed by a standing train; that it was so dark that he could see only three cars but knew that the train was a long one with an engine attached and was liable to move at any time; that he had been waiting at the crossing ten minutes with two others whom he did not know, when a person walking on top of the ears, and whom plaintiff believed was a brakeman, told them to cross; and that without any effort to ascertain the safety or danger of the situation plaintiff, who was the only witness of the accident, then climbed over the ears, immediately following the other two pedestrians, and was injured by the moving of the train.</p>