Craft v. Hines

Citations

• 272 Pa. 499
• 116 A. 379
• 1922 Pa. LEXIS 855

Syllabus

<p>Negligence — Railroads—Speed—Signals—Warnings — Negative evidence of plaintiff — Positive evidence of defendant — Gase for court.</p> <p>1. Railroads operating their trains in the open country may move them at such rate of speed as the character of their machinery and roadbed may make practicable.</p> <p>2. In operating' trains in the open country, it is not the rate of speed at crossings that is the negligence of the company hut the failure to give proper notice of the approach of the train.</p> <p>3. In an action for death of a passenger on an automobile truck in a collision with a train at a crossing in the open country, the evidence of defendant’s failure to give proper signals and warnings is insufficient to submit to the jury, where the testimony of the witnesses for plaintiff was all negative in character, being, in effect, that they did not hear any signals without showing that they were watchful or attentive for a signal, while numerous witnesses, both employees of defendants and others, testified positively that they heard the whistle blow and the bell ring.</p>