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· 1/2/1915

Darbrinsky v. Pennsylvania Co.

Citations

  • 247 Pa. 177
  • 93 A. 279
  • 1915 Pa. LEXIS 803

Syllabus

<p>Negligence — Contributory negligence — Railroad crossings — Stop, look and listen — Nonsuit.</p> <p>A nonsuit was properly entered in an action to recover damages for the death of plaintiff’s husband in a grade crossing accident, where it appeared that deceased had a clear view of the. track for one-half mile in the direction from whence the train came, at a point about twenty-five feet from the crossing, and that this view remained unobstructed for the entire distance to the crossing, and that his horse was struck before it had stepped across the first rail of the track.</p> <p>Mr. Justice Mestrezat dissents.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Potter

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