Jones v. Lehigh & New England Railroad

Citations

• 202 Pa. 81
• 51 A. 590
• 1902 Pa. LEXIS 468

Syllabus

<p>Negligence — Railroads—Grossing—Driver of vehicle.</p> <p>The negligence of the driver of a vehicle at a railroad crossing cannot be imputed to the occupants of the vehicle.</p> <p>Negligence — Railroads— Witness.</p> <p>Whore a father suing to recover damages for the death of his children at a railroad crossing, testifies that while riding in another vehicle than that in which his children were riding, he listened because of solicitude for his children, for signals of an approaching train and heard none, his testimony is not of that purely negative character which is entitled to no weight when opposed to affirmative testimony.</p> <p>The effect of a plaintiff’s testimony is not destroyed as matter of law by the fact that it is contradicted by a witness called by himself.</p> <p>Negligence — Railroads—Grossing—Evidence—Nonsuit.</p> <p>In an action by a father against a railroad company to recover damages for the death of his children, it appeared that the children were riding in an omnibus, and that the omnibus was run into by a train at a crossing. The plaintiff was in another vehicle an eighth of a mile back of the omnibus. He testified that on account of solicitude for his children, he listened for signals of the approach of the train, and heard none. A witness called by him testified that the whistle was sounded six times when the engine was at a point not fixed with precision as to distance, but which was at the south end of a cut, the north end of which was 570 feet from the crossing, and that from this point the bell was rung continuously until the collision took place. The fireman of the engine called by the plaintiff testified that the engineer applied the breaks and sanded the track as soon as he saw the horses; that he did everything in his power to stop the train, and that the appliances were all in good order, with the possible exception of one of the pipes by which sand was conducted to the tracks, which had been clogged by dampness during the trip.