Hastings v. South Shore Railroad

Citations

• 272 Pa. 212
• 116 A. 155
• 1922 Pa. LEXIS 803

Syllabus

<p>Negligence — Railroads—Joint use of tracks by two companies — ■ Death,— Case for jury — Goniributory negligence — Anticipating negligence — Judgment n. o. v.</p> <p>1. Where two railroad companies jointly use the same tracks, each is required to exercise reasonable care to avoid injury to the servants of the other.</p> <p>2. Where a freight conductor of one company is killed while throwing a switch in the operation of his own ears, by a moving car of the other company, and the evidence tends strongly to show that the operation of such car was negligent, and there was nothing shown to put the deceased upon notice that the train which struck him was likely to approach, the case is for the jury.</p> <p>S. In such case deceased was not required to anticipate negligence on the part of defendant.</p> <p>4. Where the issue of contributory negligence has been submitted to the jury, a finding in favor of plaintiff will not be set aside unless, on a review of the evidence in the light most favorable to plaintiff, it is inconceivable that a mind desiring only a just and proper determination of the question could reasonably reach any other conclusion than that plaintiff had brought on or contributed to the injury by his own carelessness.</p>