Feudale v. Hines

Citations

• 271 Pa. 199
• 114 A. 497
• 1921 Pa. LEXIS 480

Syllabus

<p>Negligence — BdiVroads—Automobiles—Collision—Stop, look and listen — Grade crossing — Motor stalling on tracks — Gross negligence —Wilful trespass.</p> <p>1. A person driving an automobile is bound to take notice before driving on to a grade crossing of a railroad, that the motor of his engine may stall on the tracks.</p> <p>2. If he does not stop, look and listen, and, in proceeding to cross, his engine stalls and he is killed by a train, he will be deemed to have been guilty of contributory negligence as a matter of law, although the engineer of the train might have stopped in time to prevent the accident, if he had not been negligent, and although the automobile had ample time to cross, if its engine had not stalled.</p> <p>Mr. Justice Simpson dissented on the ground that the question of defendant’s gross negligence or wilful trespass should have been submitted to the jury, even though plaintiff was therefore guilty of contributory negligence.</p>