Kleiman v. Pennsylvania Railroad

Citations

• 66 Pa. Super. 295
• 1917 Pa. Super. LEXIS 248

Syllabus

<p>Negligence — Railroads—Grossing—Parties.</p> <p>Where two men while engaged in their employer’s business drive a wagon across the tracks of a railroad without having made any proper stop to look and listen, and the man who was actually driving was killed, and the other was injured, and the Supreme Court decides that the man who was killed was guilty of contributory negligence and reverses a judgment in favor of the deceased’s widow, the Superior Court will pursue the same course in an action by the other man to recover for his injuries, if it appears that each of the parties in the wagon had an adequate opportunity of seeing and hearing the approaching train, and that each was equally guilty of contributory negligence.</p>