Doud v. Delaware, Susquehanna & Schuylkill Railroad

Citations

• 203 Pa. 227
• 52 A. 249
• 1902 Pa. LEXIS 693

Syllabus

<p>Negligence — Railroads—Stop, look and listen.</p> <p>In an action against a railroad company by the conductor of a street ear to recover damages for personal injuries sustained at a grade crossing, the evidence showed that the crossing was near a station behind which a car, while taking on passengers, would be hidden from an engineer approaching from the east. The engine which struck the plaintiff was running from the east backward without cars. It did not sound a whistle or bell, and did not display a light towards the crossing. . The night was foggy and dark. The testimony for the plaintiff tended to show that when his car stopped at the crossing he went over to the railroad track, looked and listened, aud neither hearing nor seeing an engine, signaled his car to come forward. When the car came to him and the front vestibule had passed him, he turned to get on. This he did as the rear platform was about going on the track, and he was almost immediately struck by the engine. There was evidence that when the front vestibule got to the track, the engine was in sight some Sixty or seventy feet away. The motorman said it was twenty or thirty feet from the oar when he first saw it. Held that a judgment and verdict for plaintiff should be sustained.</p>