Hess v. Williamsport & North Branch Railroad

Citations

• 181 Pa. 492
• 37 A. 568
• 1897 Pa. LEXIS 572

Syllabus

<p>Negligence — Railroads—Grossings—Positive and negative testimony.</p> <p>In a case against a railroad company for alleged negligence at a crossing where five witnesses for the company testify that lights were displayed, the bell rung and the whistle blown, and two witnesses for the plaintiff testily that they did not see the lights, nor hear the bell or whistle, it is reversible error for the court not to give adequate instructions as to the relative value of positive and negative testimony.</p> <p>Negligence — Railroads—Grossings—“ Stop, look and listen.”</p> <p>One who is struck by a moving train which was plainly visible from the point he occupied when it became his duty to stop must be conclusively presumed to have disregarded that rule of law and of common prudence, requiring him to stop, look and listen at a convenient distance from the railroad track before venturing to go upon it, and he will be presumed to have gone negligently into an obvious danger.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband at a highway crossing, it appeared that the deceased at the time of the accident was driving a two horse team on a dark night. The locomotive was run with tender in front. The evidence for plaintiff was in effect that no light was shown on the tender, or signal given, and that the locomotive was run with speed. The highway before it made the crossing ran almost parallel with the railroad for one hundred and fifty feet, and then, in a distance of more than one hundred feet additional, reached the track. For the whole distance of two hundred and fifty feet the track on which the locomotive was coming was visible for nearly a mile. There was nothing to prevent the rumbling sound of the locomotive being heard, or the side glare from its headlight from being seen, for half a mile before the locomotive reached the crossing. Held, that a judgment and verdict for plaintiff should be reversed.</p>