Ellis v. Pennsylvania Railroad

Citations

• 216 Pa. 415
• 65 A. 803
• 1907 Pa. LEXIS 832

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Grade crossings.</p> <p>In an. action against a railroad company to recover damages for death of plaintiff's husband, it appeared that the deceased was killed at a grade crossing where there were five tracks, in a borough. He used the crossing daily, and was familiar -with all its surroundings. Just before starting to cross the tracks, he stopped and looked east and west. He then walked leisurely over the crossing and was struck by the engine of an express train running east on the fourth track, The road west from the crossing was practically straight for 1,686 feet, and it was actually straight a distance of 1,446 feet. It was daylight and there was nothing to obstruct his view of the train. The testimony of the only witness to the occurrence called by the plaintiff was that the train was in clear view at a distance of 1,445 feet when the deceased started to cross the tracks. Whether it was in view when he looked did not appear from the testimony. Held, (1) that the conclusion was irresistible, that the deceased saw the train and took the chance of crossing in front of it; and (2) that it was error to submit the case to the' jury.</p>