Keller v. Philadelphia & Reading Railway Co.

Citations

• 35 Pa. Super. 488
• 1908 Pa. Super. LEXIS 70

Syllabus

<p>Negligence — Railroad.—Grade ' crossing — “Stop, look and listen”— Right angle collision.</p> <p>If a person approaches a railroad in a vehicle, and cannot, from his seat in it, have a view of the tracks, he must get down from it, and walk to where he can have a view.</p> <p>In an action against a railroad company to recover damages for personal injuries, a judgment for defendant will be sustained where the plaintiff testifies in substance that he was driving a horse hitched to a 'carriage; that he- stopped within eighteen or twenty feet of the railroad track at a place where he could not see the track to his right be-</p> <p>■ cause of a row of houses standing close thereto; that to get such a view he would have to have gone upon the track; that his hearing was defective; that he neither saw nor heard a train approaching; that he then drove on to the track without again stopping and was immediately struck by a freight train coming from the right, killing his horse and ■ severely injuring himself.</p>