Hanna v. Philadelphia & Reading Railway Co.

Citations

• 213 Pa. 157
• 62 A. 643
• 1906 Pa. LEXIS 439

Syllabus

<p>Negligence — Railroads—Grade crossing- — “Stop, look and listen ” — Death—• Presumption — Evidence.</p> <p>The presumption is that one about to cross a railroad track at grade did his duty by stopping, looking and listening, and this presumption can only be overcome by testimony showing or tending to show that he failed to observe the precautions required by law.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband at a grade crossing, the evidence tended to show that at the place of the accident the railroad tracks ran north and south a short distance west of and parallel with a river. Between the river and the railroad was a public road, also running north and south, on which the deceased was driving. An ice house 739 feet and a battery wall 363 feet, both south of the crossing, were located between the public road and the railroad. From the battery wall there was a down grade until the road reached a bridge which crossed a small stream 109 feet south of the crossing. The road at the bridge was twelve feet below the level of the railroad tracks. At the crossing there were five tracks. The deceased was driving his team north on the road. At the ice house he stopped his team and looked for trains. He again stopped at the battery wall, got off his wagon, walked around his horses, then stood on the wheel of his wagon and once more looked for trains. He then proceeded on his way until he reached the bridge, where 'he stopped and looked another time. He was not seen by any one, so far as the testimony disclosed, from the time ho stopped at the bridge, until he was struck and killed by a train running north on the third track. Held, that it was error to enter a compulsory nonsuit.</p>