Forno v. Pennsylvania Railroad

Citations

• 234 Pa. 538
• 83 A. 406
• 1912 Pa. LEXIS 683

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Contributory negligence.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained by the plaintiff while crossing defendant’s tracks, a verdict and judgment for plaintiff will be sustained where the evidence shows that the plaintiff on a dark night approached the railroad at a point where there were three tracks with an engine on the far track making a noise; that he stopped, looked and listened before going on the first track; that his wife preceded him safely over this track; that the plaintiff carrying a child was struck as soon as he stepped upon it by the tender of an engine which was moving backward without light or signal; that at the point in question there was a permissive crossing; and that about three hundred and forty feet away was a public crossing as to the availability of which the evidence was conflicting.</p>