Fisher v. Monongahela C. Ry. Co.

Citations

• 131 Pa. 292
• 25 W.N.C. 161
• 18 A. 1016
• 1890 Pa. LEXIS 1108

Syllabus

<p>[To be reported.]</p> <p>1. A motion for a compulsory nonsuit is, in effect, a demurrer to the plaintiff’s evidence, which evidence must therefore be accepted as true, and every reasonable inference of fact which a jury might draw from it in the plaintiff’s favor, must be drawn from it by the court, in passing upon the motion.</p> <p>2. What constitutes negligence, in a given case, is a question for the jury whenever material facts are disputed, or even in doubt, or inferences of fact are to be drawn from the testimony; and it is then the exclusive province of the jury to determine the facts and apply to them the law declared by the court.</p> <p>3. The line of demarcation in this respect between the duty of the court and that of the jury should be carefully guarded; and, while the court should never permit the jury to disregard or evade its instructions, it should be equally careful not to take upon itself the determination of facts about which there may be any question.</p> <p>(a) The plaintiff was knocked down and injured at a railroad crossing by a train of a dozen freight cars backing over the crossing ¡*1 a considerable rate of speed. No warning of its approach was given by whistle, bell, or otherwise. There was neither person nor light upon the rear end car.</p> <p>(b) The accident occurred early in the morning, while it was yet quite dark, and a recent fall of snow tended to deaden the sound of the approaching train. In crossing the railroad the plaintiff first encountered a siding. He testified that before stepping upon it, he stopped, looked and listened, but neither saw nor heard the train.</p> <p>(e) Twenty-three feet beyond the siding he reached the main track, between which and the siding, and on each side of the crossing, were piles of metal obstructing the view, their edges being three feet from the rail of the main track. Almost immediately after taking the first step upon the main track the train struck the plaintiff:</p> <p>4. Upon such evidenc