E. Bradford Clarke Co. v. Railroad Co.

Citations

• 27 Pa. Super. 251
• 1905 Pa. Super. LEXIS 46

Syllabus

<p>Negligence — Railroads—Grade crossing — Evidence.</p> <p>In an a'ction against a railroad company to recover damages for the destruction of a team and wagon at a grade crossing, it is proper to permit two men who had driven over the crossing immediately before the accident, and were only 150 feet away when the collision occurred, to testify that no whistle was blown nor bell sounded by the approaching train.</p> <p>The witnesses were in a position where they could have heard, and would be likely ordinarily to have heard, the whistle if sounded, and their capacity to hear, their opportunity to hear, and the truthfulness of their narrative were all for the consideration of the jury in determining the question of the defendant’s negligence. It was the province of the jury to weigh this evidence and determine its value.</p> <p>Where a person drives over a grade crossing on a dark night, and his team and wagon are struck by a passing train, and the driver killed, without any person having seen the accident, the presumption is, that the driver performed his duty in exercising due care before he attempted to cross the track.</p> <p>Evidence — Inferences from fact — Province of jury.</p> <p>When alleged facts are the subject of inference from other facts and circumstances shown by the evidence, it is the exclusive province of the jury to consider the testimony and ascertain the facts under proper instructions from the court.</p> <p>Evidence — Cross-examination—Defense—N onsuit — N egligence — Railroads.</p> <p>On the trial of a grade crossing accident case, where the plaintiff calls a locomotive engineer for the sole purpose of proving the speed of the train, the defendant will not be permitted upon cross-examination of the engineer to prove that the bell was rung and the whistle sounded at a proper distance from the crossing. Such evidence is matter of defense, and cannot be used against the plaintiff as a basis for a nonsuit.</p>