Gibson v. Erie Railroad

Citations

• 54 Pa. Super. 131
• 1913 Pa. Super. LEXIS 26

Syllabus

<p>Negligence — Railroads—Grade crossings — “Stop, look and listen”— Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained at a grade crossing as a result of a collision between a hand car and plaintiff’s buggy, the question of plaintiff’s contributory negligence is for the jury where the evidence shows that at the crossing in question there were four tracks belonging to one railroad, and twelve feet beyond these, two tracks belonging to another railroad which was the defendant in the suit; that the safety gate was up and no signal was given by the watchman; that on the tracks of the first railroad company were some standing cars which obstructed the view of defendant’s trades; that plaintiff stopped at a proper place before going upon any of the tracks, looked and listened and saw no cars approaching; that he then drove on at a trot looking and listening with care, but without further stopping; and that when his horse had passed over the twelve foot space and had cleared the tracks of the defendant, the buggy was struck by the hand car which gave no signal of its approach.</p>