Corrigan v. Pennsylvania Co.

Citations

• 218 Pa. 336
• 67 A. 619
• 1907 Pa. LEXIS 519

Syllabus

<p>Negligence — Railroads—Crossing—“Stop, look and listen” — Death.</p> <p>In an action against a railroad company for death, it appeared that the deceased was killed while seated in a wagon at the rear end of the vehicle. The accident occurred after dark. The driver of the wagon stopped and waited several minutes near the tracks where it was usual for drivers to stop, look and listen for a train. The deceased got on the wagon after it had started, and sat with the driver. The horses were struck on the'first of the defendants’ three tracks by an engine running south very rapidly. Plaintiffs witnesses testified that no notice was given by bell or whistle. The crossing was a very dangerous one. After leaving the usual stopping place there were seven tracks of the road of another company to cross; then there was an open space of thirty-six feet with a down grade of three feet to the tracks of the defendant’s road. Until the open space was.reached, the view to the south was cut off by a high board fence, and on the night of the accident cars were standing on the tracks of the other company and obscured a view to the north. In the open space there was a view of the tracks north for 1,500 feet, but there were switch lights among the tracks that might confuse a person looking for the headlight of an engine. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>