Holt v. Pennsylvania Railroad

Citations

• 206 Pa. 356
• 55 A. 1055
• 1903 Pa. LEXIS 719

Syllabus

<p>Negligence — Railroads—Tracks in street.</p> <p>Where the tracks of a steam railroad are laid in a public street, the driver of a wagon lawfully using the track in front of an approaching train, while it is his duty to give way and not obstruct its progress, is entitled to reasonable warning and reasonable time to get out of the way. The employees of the railroad are bound to keep the train under control and have no right to run into the traveler either upon the track or while in the act of leaving it. They are bound to use every reasonable effort to avoid a collision.</p> <p>In an action against a railroad company to recover damages for personal injuries, it appeared that the railroad company occupied a portion of the street with a track laid in the same manner as street car tracks, and paved in with Belgian blocks. There were two street car tracks also on the street. The whole street was used by the public. The plaintiff while driving a heavily loaded wagon was forced by reason of street cars on the trolley tracks and wagons on one side of the street to turn his wagon, so as to drive for a distance of about 140 feet with one wheel of his wagon between the rails of the railroad track. He drove in this way about four minutes, and was beginning to turn back towards the trolley track, when his wagon was struck in the rear by a locomotive. Held, that the question of plaintiff’s contributory negligence and defendant’s negligence was for the jury.</p>