Fritz v. New York, Chicago & St. Louis Railroad

Citations

• 236 Pa. 447
• 84 A. 786
• 1912 Pa. LEXIS 773

Syllabus

<p>negligence — Railroads — Grade crossing — “Stop, loots and listen” —Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries, the question of the plaintiff’s contributory negligence is for the jury, where the evidence tends to show that the plaintiff driving a buggy, approached a grade crossing of the defendant at about seven o’clock on a March evening; that he stopped, looked and listened at the place where it was usual to stop and look for approaching trains; that from this point there was an unobstructed view in the daytime for four squares or more in the direction from which the train was coming which continued until the track was reached; that plaintiff saw no train approaching and did not hear one coming; that he then proceeded, continuing to look and listen, and did not see the train which collided with his team until it was right upon him, and that the train which struck him was being pushed by an engine, and was made up of an open car in front with a box car in the middle, and that he saw no light on the front car.</p>