Kistler v. Susquehanna, Bloomsburg & Berwick Railroad

Citations

• 39 Pa. Super. 255
• 1909 Pa. Super. LEXIS 473

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Contributory negligence.</p> <p>In an action against a railroad company to recover damages for injuries sustained at a grade crossing, the evidence as to whether a whistle was sounded or a bell rung as a train approached the crossing, was conflicting. The plaintiff testified that he was driving a team at the time, and that he stopped about fourteen or fifteen feet from the crossing with the nearest horse a few feet from the rail. He looked and listened and, seeing and hearing nothing, started on with his horses at a walk. A train struck the back end of the wagon. He also testified that he had a view along the track for about 100 feet from where he stopped. Upon cross-examination he stated that the horses started on “a smart walk,” that the horses were on the track when he first heard the train, and that he urged them on all he could without whipping them, as he had no whip. It also appeared that there was a curve in the direction from which the train came, and plaintiff stated that even if he had got out of his wagon and gone on the track, he could not have seen much further than he did from the point where he stopped. The trial resulted in a verdict and judgment for the plaintiff. On appeal the six judges who heard the case were equally divided, and the judgment was affirmed.</p>