Kleckner v. Central Railroad

Citations

• 258 Pa. 461
• 102 A. 141
• 1917 Pa. LEXIS 869

Syllabus

<p>Negligence—Railroads—Crossing—Ice—Pedestrian — Failure to look—Fall—Contributory negligence—Nonsuit.</p> <p>1. Where the facts are simple and the evidence by which they are presented is involved in no uncertainty their legal value is for the courts to determine.</p> <p>2. A pedestrian walking along a traveled highway is not required to keep his eyes fastened upon the ground continually to discover points of possible danger, nor is it- necessary that he should in order to avoid exposed pitfalls lying directly in the path before him, but the law does require that he be observant of where and how he is going so as to avoid danger- which ordinary prudence would disclose.</p> <p>3. In an action against a railroad company to recover for personal injuries caused by plaintiff’s slipping and falling upon ice which had accumulated at the defendant’s grade crossing, a compulsory nonsuit was properly entered where it appeared that such ice was. the only ice in the locality, that it could be plainly seen for a distance of over six feet, and plaintiff admitted that she could have seen it had she looked where 'she was walking, but gave no satisfactory reason why she did .not.</p>