Goldie v. Pittsburg & Lake Erie Railroad

Citations

• 44 Pa. Super. 350
• 1910 Pa. Super. LEXIS 177

Syllabus

<p>Negligence — Railroads—“Stop, look and listen ” — Grade crossings— Contributory negligence — Case for jury.</p> <p>1. Where a woman about to go over a crossing of a railroad where there are four tracks, stops on the first track, when she is invited by the track foreman to continue over, and in doing so is struck jüst as she is leaving the third track, by a locomotive which had been standing about twenty or thirty feet from the crossing when she started, and the locomotive gives no signal, the case is for the jury and a verdict and judgment for plaintiff will be sustained. In such a case the evidence as to the trackman’s invitation may be taken as a part of the res gesta.</p> <p>Pleading — Practice, C. P. — Negligence.</p> <p>2. The plaintiff in an action for negligence is not bound to sustain all the averments of the declaration. Where the evidence supports an allegation of the declaration, which if proved would entitle the plaintiff to a verdict, it is sufficient.</p>