Hudson v. Lehigh Valley Railroad

Citations

• 54 Pa. Super. 107
• 1913 Pa. Super. LEXIS 20

Syllabus

<p>Negligence — Railroads—Safety gates — Negligence of watchman — Contributory negligence — Case for jury.</p> <p>1. In an action against a railroad company to recover damages for personal injuries sustained by the plaintiff from a safety gate being lowered upon him, the question of defendant’s negligence and the plaintiff’s contributory negligence is for the jury, where the evidence tends to show that the plaintiff approached the crossing riding upon a bicycle; that he was moving slowly, and looking and listening for approaching trains; that the safety gate was up; that the gatekeeper saw the plaintiff when the latter was about forty feet away, but turned and looked in another direction without paying -further attention to him; that shortly thereafter in obedience to what he supposed was a signal, he lowered the gate with the result that one of its projecting arms struck and seriously injured the plaintiff.</p> <p>2. The rule that a person about to cross a railroad track must stop, look and listen, applies only to risks which arise from the passage of cars over the crossing. It is not applicable to a danger arising from the lowering of a safety gate.</p>