Gray v. Pennsylvania Railroad

Citations

• 172 Pa. 383
• 33 A. 697
• 1896 Pa. LEXIS 786

Syllabus

<p>Negligence — Oracle crossings — Stop, look and listen — Contributory negligence.</p> <p>The rule that a traveler about to cross a railroad track must stop, look and listen, is an absolute and unbending rule of law founded in public policy for the protection of passengers in railroad trains, as much as of travelers on the common highways; and the traveler must stop and look where he can see, and he will not be allowed to say that he did so, when the circumstances make it plain that the proper exercise of his senses must have shown him the danger.</p> <p>Contributory negligence — Questions for jury.</p> <p>Where the facts are uncontested, or the inference of negligence the only one that can be drawn, the court must pronounce the result as a.matter of law, but where the facts are in dispute, or the inference from them open to debate, they must go to the jury.</p> <p>In an action to recover damages for the death of plaintiff’s husband, the’ caséis for the jury, where it appears that the deceased appi;oached a public crossing intending to cross the tracks; that he came to a side track on which stood two freight cars; that on the main track stood a coal train about to move; that he stopped on the side track at the end of the freight cars, and looked so far as he 'could until the freight train in front of him moved out; that immediately when the last car of the freight train had passed he stepped out on the main track, and was struck and killed by a locomotive which was following the coal train about sixty feet behind; and that the evidence as to whether the locomotive made a signal was-conflicting.</p> <p>In such a case whether ordinary care demanded that the deceased wait longer behind the freight car, or that he should step out on the space between the rails and look up the main track before stepping on it, were: questions for the jury to answer and not for the court.</p>