Decker v. Lehigh Valley Railroad

Citations

• 181 Pa. 465
• 37 A. 570
• 1897 Pa. LEXIS 568

Syllabus

<p>Negligence — Railroads—Grossing—“ Slop, look and listen.”</p> <p>The conditions which render a railroad crossing dangerous do not authorize a departure from the rule which requires a person approaching it to stop, look and listen before driving upon it. The nonobservance of the rule is negligence per se. To moderate the pace of a team in approaching a crossing is not compliance with the rule.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband killed at a crossing, it appeared that the deceased was driving a wagon at the time of the accident. The only point in the road upon which he was driving from which the railroad could be seen in the direction from which the train came which struck the deceased, was about one hundred and twenty-five feet from the railroad, and from this point a train could be seen from a point from six hundred to twelve hundred feet above the crossing to a point from two hundred to four hundred feet above it. The point at which the train could first be seen to the point at which it was lost sight of until it reached the crossing, was not ascertained by actual measurement. From the point on the road at which the train could be seen there was no other point at which it could be seen, until the horses’ front feet were on the track. The evidence submitted by the plaintiff showed that the deceased did not stop, look and listen at any point, and that when he was near the crossing the gates were lowered from their upright position to an angle of forty-five degrees before the. deceased passed under them. The bells upon the gates were also rung. Held, that a nonsuit was properly entered.</p>