Coldren v. Erie Railroad

Citations

• 72 Pa. Super. 147
• 1919 Pa. Super. LEXIS 269

Syllabus

<p>Negligence — Railroads — Grade crossing — Contributory negligence — Case for fury.</p> <p>In an action against a railroad company to recover for the death of a minor son, the case is for the jury and a verdict for the plaintiffs will be sustained, where it appears that the accident took place at a crossing over the defendant’s tracks which were approached through a culvert under the tracks of another railroad company; that the only place to obtain a view of defendant’s tracks was at a point 60 feet distant before entering the culvert or at a place about ten feet from the defendant’s tracks after emerging from the tunnel, and where there was evidence to show that the automatic signal at the crossing did not work.</p> <p>Negligence — Railroad crossing accident — Stop, looh and listen.</p> <p>Where the location of a grade crossing and its unusual surroundings created peculiarly dangerous conditions, the court cannot say, as a matter of law, that travelers over the crossing must stop at any particular place to discharge the duty of stop, look and listen. Under such circumstances the case is for the jury, to determine whether or not the plaintiff has been negligent.</p>