Evans v. Philadelphia, Baltimore & Washington Railroad

Citations

• 25 Del. 370
• 2 Boyce 370
• 80 A. 625
• 1911 Del. LEXIS 48

Syllabus

<p>1. Railroads — Accident at Crossing — Contributory Negligence— Nonsuit.</p> <p>In an action for death at a railroad crossing, a nonsuit will be granted if plaintiff fails to prove the negligence of defendant, or if plaintiff’s testimony shows that the person killed was guilty of negligence which proximately contributed to his death.</p> <p>2. Railroads — Accident at Crossing — Contributory Negligence— Presumptions.</p> <p>Where a person is killed at a railroad crossing, it will be presumed that in approaching the crossing he exercised the care of an ordinarily prudent person, if the evidence is silent as to his conduct at the time of the injury, but such presumption will not obtain in the face of unmistakable evidence of contributory negligence.</p> <p>3. Railroads — Crossing Accident — Contributory Negligence.</p> <p>Decedent was killed at a railroad crossing, where the track was straight in the direction from which the train approached for between 800 and 1035 feet. Assuming that when she looked in that direction and continued to walk over the crossing she was traveling two or two and one-half miles an hour and the train was moving seventy miles an hour, it must have been visible to her. She was in good health, in possession of all her faculties, and was familiar with the crossing, but continued to walk over the same in front of the approaching train, and was struck. Held, that she was negligent as a matter of law.</p>