Citro v. Director General of Railroads

Citations

• 269 Pa. 49
• 112 A. 28
• 1920 Pa. LEXIS 758

Syllabus

<p>Negligence — Railroads—Grossing tracks at. station — Contributory negligence — Presumption.</p> <p>Where a person at a railroad station, at which there are four tracks, waits until a train has passed on the second track, then starts to cross, and is struck by an express train on the fourth track and killed, the question of defendant’s negligence and the deceased’s contributory negligence is for the jury, where the evidence shows that the night was dark, that the safety gates were up, and that the express train approached the crossing at great speed, without headlight and without signal from bell or whistle. The presumption of due care by deceased made his negligence a question of fact.</p>