Kehoe v. Philadelphia & Reading Railway Co.

Citations

• 235 Pa. 429
• 84 A. 406
• 1912 Pa. LEXIS 565

Syllabus

<p>Negligence — Railroads—Stopj hole and listen — Grade crossing— Gase for jury.</p> <p>In an action by a girl seventeen years old against a railroad company to recover damages for personal injuries sustained at a street crossing of a railroad, it appeared that the accident happened on a dark and foggy night, and at a crossing where there were no lights in the immediate vicinity. At the crossing planks were laid parallel with the rails and extended the entire width of the street so that there was no part of the crossing specially set aside for pedestrians. As the plaintiff approached the crossing from the east and was a few feet from the south bound track, a heavy freight train was passing on that track. After the rear of this train had passed the crossing about 100 or ISO feet, plaintiff testified that she approached the crossing, stopped, looked and listened, and neither seeing nor hearing an approaching train proceeded on her way. The heel of her shoe caught in the space between a plank and the west rail of the north bound track. Before she could extricate herself a freight engine approaching from the south caught her, and her foot was severely injured. The testimony for the plaintiff although contradicted tended to show that the engine had no head light or other light, that no signals or whistles were given, and that the stationary signal bell of the crossing was not ringing. Held, (1) that it was immaterial that the plaintiff in making the crossing deflected from the side of the street inasmuch as no part of the crossing was specially set aside for pedestrians; (2) that the case was for the jury, and that a verdict and judgment for the plaintiff should be sustained.</p>