Crane v. Pennsylvania Railroad

Citations

• 218 Pa. 560
• 67 A. 877
• 1907 Pa. LEXIS 570

Syllabus

<p>Negligence — Railroads—Grade crossings — “Stop, look and listen”— Contributory negligence.</p> <p>It is the duty of a railroad company in the running of its trains, to exercise care according to the circumstances, and when the railroad track crosses a much traveled street or highway, the company is bound to exercise a degree of care commensurate with the danger; to give some sufficient notice of the train’s approach, and to moderate the speed of the train to such rate as, under the circumstances, is reasonably consistent with public safety.</p> <p>In a case'against a railroad company to recover damages'for personal injuries or death at a grade crossing, where there is a disagreement among the witnesses as to whether a bell was rung, the question whether the failure to ring a bell is negligence, is a question for the jury to determine from all the circumstances in the case.</p> <p>In such a case where there is evidence that the deceased stopped, looked and listened, before going upon the track, but the evidence is conflicting as to the place at which he stopped and as to the manner in which he started to cross, it is for the jury to determine, under the proper instructions of the court, whether the deceased did all that he was.bound to do upon the situation as he found it, and the circumstances in which he was placed.</p>