Floyd v. Philadelphia & Reading R. R.

Citations

• 162 Pa. 29
• 29 A. 396
• 1894 Pa. LEXIS 938

Syllabus

<p>Negligence — Railroads—Grossing—Watchman—Fright of horse — Sudden peril — Nonsuit.</p> <p>It is not negligence for a watchman at a railroad crossing to run in front of a horse and carriage, approaching on a highway, to arrest the progress of the carriage and to prevent its inevitable destruction and the probable death of its occupants by an approaching train.</p> <p>In such a case if the horse takes fright, and in turning throws the occupants from the carriage and injures them, they cannot recover damages from the railroad company.</p> <p>In an action to recover damages for personal injuries, it appeared that plaintiff, a married woman, with another woman, approached a railroad crossing in a small carriage drawn by one horse. The husbands of the women were driving in an open buggy in advance of their wives. The men crossed the track, and the horse in the other carriage was approaching very close to it, when the flagman ran out and waved his lantern in front of the horse, thereby frightening it, and causing it to overturn the carriage, and injure one of the occupants. The husbands and the two women testified that they neither saw nor heard nor had any knowledge of an approaching train. The women testified that the flagman waved for them to cross. Two witnesses for plaintiff and twelve witnesses for defendant testified that a train was approaching, and that the carriage would have been run over if the flagman had not stopped the progress of the horse. Held, that it was not error to withdraw the case from the jury.</p> <p>An act done upon a sudden emergency when life is apparently in peril is not negligent even though it be mistaken.</p> <p>Mr. Chief Justice Sterrett dissents.</p>