Keng v. Baltimore & Ohio R. R.

Citations

• 160 Pa. 644
• 34 W.N.C. 205
• 28 A. 940
• 1894 Pa. LEXIS 856

Syllabus

<p>Negligence — Railroads—“ Stop, look and listen Sudden peril.</p> <p>In an action to recover damages for the death of plaintiff’s wife, the ease should he submitted to the jury where there is evidence that the deceased, a woman sixty years of age, with good hearing, but defective eyesight, was killed by a train running at a high speed and without giving signal; that the deceased stopped, looked and listened before going upon the track at a public crossing! and one of plaintiff’s principal witnesses testified in one part of his examination that when the deceased was upon the north-bound track, or in the space between two tracks, the approaching train could have been seen one hundred yards distant, but in another part of his examination states that deceased was in the center of the track upon which the train was, before he saw the approaching train and realized her danger.</p> <p>The deceased having, according to the testimony, exercised care before going into a place of danger, then, when it was apparent, she was bound to exercise care in escaping from it. Whether her first act of caution was followed, under a change of circumstances, an advance from a place of safety to one of danger, by negligence, was for the jury. By Mr. Justice Dean.</p>