Di Grazio v. Pennsylvania Railroad

Citations

• 261 Pa. 364
• 104 A. 596
• 1918 Pa. LEXIS 748

Syllabus

<p>■Negligence — Railroads—Engine pushing coal car into private siding — Pedestrian on sidewalls — Death—Obstruction of view of engine headlight — Speed—Failure to sound bell — Conflicting evidence — Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover for death of plaintiff’s husband resulting from his being struck by a' car which was being pushed into a siding from a track on a city street, the case was for the jury and a verdict and judgment for the plaintiff will be sustained where it appeared that deceased was walking westward along the south sidewalk; that he stopped, looked and listened before stepping onto the siding; that he was struck just as he reached the west rail of the. siding, that the accident occurred on a dark night and the headlight of the locomotive, if burning, was obscured by the car which it was pushing, and the evidence was eon- ' flicting as to the speed of the car and as to whether the bell of the locomotive was sounded.</p>