Gordon v. Director General of Railroads

Citations

• 268 Pa. 497
• 112 A. 68
• 1920 Pa. LEXIS 725

Syllabus

<p>Negligence — Railroads—Crossings—Automobile—Stop, look and listen — Presumption of due care.</p> <p>1. There can be no presumption of due care as against facts clearly proven.</p> <p>2. In an action for death of plaintiff’s husband in a collision at a grade crossing between an automobile which he was driving and a train, plaintiff cannot recover, where a number of witnesses for defendant testify that deceased did not stop, look and listen, and the only witness for plaintiff stated in effect that deceased stopped, but at a point when his car was about to cross the first rail, and that a sudden lurch of the car drove it upon the track in which position it was struck near the front end.</p> <p>3. To stop at a place so near the tracks that a slight unexpected moving of the automobile will cause it to enter upon them, is equivalent to a failure to stop, since the stop is too late to serve its purpose.</p>