Kasarda v. Lehigh Valley Railroad

Citations

• 222 Pa. 146
• 70 A. 943
• 1908 Pa. LEXIS 667

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Grade crossings— Obscurity of view — Evidence—Contributory negligence.</p> <p>In a grade crossing accident case where there is no agreement among the witnesses as to what were the actual conditions with respect to sight and hearing at the time, and when these conditions are what the case turned on, they can be determined only by the jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained at a crossing, plaintiff testified that when he reached the crossing a train of coal cars was passing west on the track furthest from him, and that he stopped when within two or three yards of the nearest track, and there waited until the last car of the coal train had passed beyond the crossing for a distance of twenty-five feet; that before starting from this point he looked up and down the track and listened, and not seeing or hearing signal or warning of an approaching train, he advanced upon the track immediately in his front and was struck just as he reached the farthest rail by the engine of an east bound passenger train. Plaintiff and his witnesses testified that the obstruction of view was due to the darkness of the morning, and the snow and wind then prevailing. Two of defendant’s witnesses testified that the obstruction of the view was due to the smoke and dust from the coal trains. Defendant claimed that it was the steam and smoke that obstructed the view, and that plaintiff should have waited until these had lifted. Held, that as the evidence was conflicting as to what in fact caused the obstruction of the view, the question of plaintiff’s contributory negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>