Jester v. Philadelphia, Baltimore & Washington R. R.

Citations

• 267 Pa. 10
• 109 A. 774
• 1920 Pa. LEXIS 802

Syllabus

<p>Negligence — Railroads—■Automobiles—Collision—Stop, loole and listen — Grade crossing — Contributor negligence — Sudden danger —Confusion of driver — Law or fact — Case for jury — Nonsuit.</p> <p>1. A nonsuit can be entered only in clear cases, when it is inconceivable on any reasonable hypothesis that a mind desiring solely to reach a just and proper conclusion in accordance with the relevant governing principles of law, after viewing the evidence in the light most advantageous to plaintiff, could determine in his favor the controlling issue involved.</p> <p>2. When the standard of care shifts with the circumstances, the jury ordinarily must determine what it is, and if it has been, observed.</p> <p>3. In an action against a railroad company to recover damages for personal injuries sustained in a collision at a grade crossing, the trial court is in error in not submitting the case to the jury, where the evidence tends to show that the approach to a three-track system of defendant’s tracks at the crossing was up a slight incline; that plaintiff stopped, looked and listened at a point, when the front of his car was two or three feet from the first rail, and his seat in the car was nine feet back from the front; that from this point he looked in both directions; that he could see to the right only 600 to 700 feet, because, according to his testimony, his view was obstructed by a small watchman’s box about 400 feet from him, and other obstructions, such as a station, telephone poles, bridge and “different things,” whose distance he'did not locate; that, neither Seeing nor hearing the approach of a train, he drove his car over a narrow roadway composed of loose ballast, to the first track; that the car front was about the middle of this track, when he saw the train about 50 feet away on the second track traveling from the right towards him at a speed of 50 to 55 miles an hour; that before he could stop, the engine struck the car throwing it to the south, the directio