Jones v. Harris

Citations

• 186 Pa. 469
• 40 A. 791
• 1898 Pa. LEXIS 1030

Syllabus

<p>Negligence — •Bailroads—• Grade crossing — Infant.</p> <p>A galeman at a railroad crossing does not perform his full duty to an infant of tender years by merely lowering the gate. He must go farther and, in so far as he can do so with regard to his other duties, protect the child in such a way as the circumstances permit.</p> <p>In an action bj’ a child seven years old against a railroad company to recover damages for personal injuries suffered at a grade-crossing, where there was a gate consisting of a single bar under which the plaintiff could pass, there was evidence tending to show that just before the accident the flagman lowered the gates while a train passed on the west bound track; that as the train was passing the child came to the crossing and, passing either under the gate or by the sidewalk, went up and stood by the flagman ; that when the train passed she walked with him to the east track, where he stopped, but she kept on as if to cross it; that he called her back, and she returned, and stood near, facing him; that while thus situated an incoming train sti'uck and seriously injured her. Held, (1) that the circumstances were such that the jury might draw an inference from them that the flagman had not fully performed his duty to the child; (2) that a verdict and judgment for plaintiff should be sustained.</p>