Hoffmeister v. Pennsylvania R. R.

Citations

• 160 Pa. 568
• 34 W.N.C. 208
• 28 A. 945
• 1894 Pa. LEXIS 849

Syllabus

<p>Negligence — Railroads—“ Stop, look and listen ” — Grade crossing — Place of sudden peril.</p> <p>Plaintiff’s decedent was killed at a public grade crossing where there were five railroad tracks. The street ran north and south almost at right angles with the railroad. On the north side, the approach of the street to the railroad, close up to the tracks, was a cut between embankments, about twelve feet in height. On the railroad, west of the crossing, about three hundred and sixty feet, was a sharp curve, beyond which an approaching train going east could not be seen. Plaintiff’s wife, with three other persons, started on foot to cross the railroad at the crossing, late in the afternoon, when it was growing dark. There was testimony that by reason of the embankment nothing could be seen up or down the railroad tracks until almost on the tracks, but that, when near the tracks, the parties stopped and listened before attempting to cross; neither seeing nor hearing trains they started across the five tracks. The deceased was behind the others, following them closely; a passenger train, running at the rate of forty miles an hour from the west around the curve, struck and killed her; the headlight of the locomotive of the coming train could be seen from four to six seconds before it reached the crossing where the deceased was struck; but, before it was seen, the testimony of two witnesses was, that they were on the tracks. There was evidence on part of plaintiff that no whistle was sounded or bell rung. Reid, that the case was for the jury.</p>