Guthrie v. Baltimore & Ohio Railroad

Citations

• 222 Pa. 366
• 71 A. 542
• 1908 Pa. LEXIS 714

Syllabus

<p>Negligence — Railroads—Grade crossings — “Stop, look and listen”— Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained at a grade crossing it was conceded that the crossing was an exceptionally dangerous one, and at the time of the accident was incumbered with cars, etc., which obstructed the view. The plaintiff driving towards the crossing stopped at a point about eighty feet from the tracks, looked through a driveway or opening to the east where a view could be had for a distance of about 500 feet, and seeing or hearing nothing drove on to a further point variously stated from fifty to twenty-five feet, and again stopped, looked and listened. A freight train was pulling out from the siding at this point and when it had cleared the crossing the driver looked again, having a clear view to the east for about 800 feet, started to cross and was struck by an express train coming from the east on the main track. At the time of starting several persons including a bralceman on the rear of ,the freight train pulling out called and motioned to the driver who unfortunately mistook the signals to mean “come on” instead of “keep back.” Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>