Groner v. Delaware & Hudson Canal Co.

Citations

• 153 Pa. 390

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Grade crossing — Stop, look and listen.</p> <p>In an action to recover damages for personal injuries caused by collision with a train at a grade crossing, it appeared that plaintiff and her husband were driving along a highway, and that at a point in the middle of a bridge one hundred and thirty feet from the crossing, they stopped, looked and listened, and then drove on and were run into by a train backing from the south. The train consisted of a number of cars, and was about one hundred and sixty feet long. In the southeast corner made by the intersection of the highway and the railroad was an engine house extending in length along the railroad fifty-eight feet, and along the highway twenty feet. From fifty to seventy feet south of the engine house on the east side of the railroad some works began called “ high works,” which some of the witnesses testified obstructed the view of the track from the middle of the bridge. Both plaintiff and her husband testified that when they stopped they saw no cars. Plaintiff’s husband testified that between the engine house and the high works he could see down the track for about sixty rods. Defendant’s witnesses denied this. From the middle of the bridge, the engine house partly obstructed the view of the track for about seventy-four feet. There was evidence that no signal was given as the train backed to the crossing. Held, that the case was a proper one to submit to the jury,</p>