Howard v. Baltimore & Ohio Railroad

Citations

• 219 Pa. 358
• 68 A. 848
• 1908 Pa. LEXIS 575

Syllabus

<p>Negligence — Railroads—Grade crossing — Collision between locomotive and wagon.</p> <p>The rule in Carroll v. Railroad Co., 12 W. N. C. 348, is in its nature only applicable to clear cases. It applies only when a person enters upon a railroad track and is struck by a moving train so instantaneously as to raise a legal presumption that he did not stop, look and listen, and to rebut any presumption that he had done so. Where there is doubt as to negligence upon the part of the plaintiff, the case is for the jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained by plaintiff in a collision between a locomotive and a wagon on which the plaintiff was riding, the case is for the jury where the evidence tends to show that plaintiff stopped, looked and listened at a point some fifteen or twenty feet from the track, which according to the evidence of the defendant, permitted of a view along the track in the direction from which the engine came for a distance of about 600 feet, and that when plaintiff stopped he looked up and down the railroad in both directions and listened for a train, and, not seeing or hearing a train, started over the tracks with the result that the wagon was struck at the rear end just as it was leaving the track.</p>