Howett ex rel. Howett v. Philadelphia, Wilmington & Baltimore R. R.

Citations

• 166 Pa. 607
• 31 A. 336
• 1895 Pa. LEXIS 1257

Syllabus

<p>Negligence— Contributory negligence—Evidence—Question for jury.</p> <p>Whenever there is a conflict of testimony, or, for any cause, there is a reasonable doubt as to the facts, or as to the inferences to be drawn from them, negligence is always a question for the jury.</p> <p>Negligence—Railroads— Grade crossings—Question for jury.</p> <p>In an action to recover damages for personal injuries received at a grade crossing, the case is for the jury where the evidence for the plaintiff, although contradicted, tends to show that no bell was rung or signal given as the train approached the crossing; that a car was left standing upon the sidewalk where pedestrians passed over the track; that plaintiff in going around the ear encountered a pile of dirt, snow and ice over which he stumbled; that he stopped, looked and listened before going upon the track; and that the night when the accident occurred was dark and foggy.</p>