Earle v. Philadelphia & Reading Railway Co.

Citations

• 248 Pa. 193
• 93 A. 1001
• 1915 Pa. LEXIS 542

Syllabus

<p>Negligence — Railroads—Automobile — Grade crossing — Safety gates open — Failure to stop — Contributory negligence — Nonsuit.</p> <p>The fact that the safety gates at a railroad crossing are open does not relieve the driver of an automobile of the duty of stopping the machine before he attempts to make the crossing, and where he fails to stop but is driving his car at a rapid pace until within so short a distance of the tracks that he cannot stop in time to avoid a collision, he is precluded from recovering in an action against the railroad company. The gates do not absolve the public from exercising proper care to protect themselves.</p>