Connerton v. President of the Delaware & Hudson Canal Co.

Citations

• 169 Pa. 339
• 32 A. 416
• 1895 Pa. LEXIS 1099

Syllabus

<p>Contributory negligence — Rebuttal of presumption that deceased stopiped, looked and listened.</p> <p>The presumption that the decedent who was killed at a railroad crossing, stopped, looked and listened at a proper place before crossing, is rebutted by the fact that there was ample opportunity to see and hear an approaching train from points along the road which the decedent must have passed.</p> <p>Where, therefore, the evidence showed that ears standing upon a switch obstructed the view of the approaching train, but that before the obstruction came into the line of vision the decedent had an opportunity, at a distance of about fifty feet from the tracks, to see the track for about one thousand feet, and that at some twenty or twenty-five feet from the tracks the obstruction was again out of the line of vision, and the tracks were plainly visible for one thousand feet to and over the crossing, the legal presumption that the decedent stopped, looked and listened is rebutted, and a compulsory nonsuit was properly entered.</p>