Cromley v. Pennsylvania Railroad

Citations

• 208 Pa. 445
• 57 A. 832
• 1904 Pa. LEXIS 781

Syllabus

<p>Negligence — Railroads—Crossings—“ Stop, look and listen.”</p> <p>Where a person approaching a grade crossing of a railroad, stops, looks and listens, at a place near the tracks from which he could obtain a view of them, the questions whether he should have stopped at another and better place, or have stopped longer, or have stopped again, are for the jury.</p> <p>In an action against a railroad company to recover damages for death of plaintiff’s husband, it appeared that plaintiff approached a grade crossing driving a sled. He stopped at what was apparently the proper place to stop, from which place he could have seen the train that struck them, if it had been within 500 feet of the crossing. He drove on at a walk, his view of the tracks extending as he advanced, and was struck on the nearest track-after he had gone twenty or thirty feet. The condition of the street at the side of the tracks made the passage of the sled difficult and the horses reared an instant before the collision. Held, that the question of the deceased's contributory negligence was for the jury.</p>