Fennell v. Harris

Citations

• 184 Pa. 578
• 39 A. 491
• 1898 Pa. LEXIS 940

Syllabus

<p>Negligence—“ Stop, look and listen ”—Qrade-crossing—Question for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries suffered at a grade-crossing, the plaintiff is entitled to have his ease go to the jury where the view of the track was obstructed, and the evidence on his behalf tends to show that he stopped, looked and listened as he approached the crossing; that an open safety gate invited him forward ; that the flagman twice signaled to him to cross over; that he started, and at the first moment when a view of the tracks could be had he saw a train coming rapidly towards him, so near to him as to make escape impossible.</p>