Farley v. Harris

Citations

• 186 Pa. 440
• 40 A. 798
• 1898 Pa. LEXIS 1024

Syllabus

<p>Negligence — Railroads—Blowing whistle under street bridge.</p> <p>It is not negligence per se to blow a locomotive whistle under a bridge which carries a street over a railroad.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, a nonsuit is properly entered where it appears that the deceased was driving a team of horses over a bridge across a railroad in a city, and that a locomotive whistle was sounded immediately under the bridge when the deceased was upon it causing his horses to frighten and run away; there being no evidence that the whistle was not sounded for a proper purpose.</p> <p>The rule applicable to grade crossings, that it is negligence in the railroad company not to give warning on approaching them, has no application to under and over crossings of streets in a city-.</p>