Knepp v. Baltimore & Ohio Railroad

Citations

• 262 Pa. 421
• 105 A. 636
• 1918 Pa. LEXIS 666

Syllabus

<p>Negligence — Bailroad companies — Grossings — “Stop, look and listen” — JUvidence — Contributory negligence — Sudden danger — Charge — Points—Case for jury.</p> <p>1. The court cannot say, as a matter of law, that a party .about to cross a railroad track has not stopped, looked and listened at the proper place, if he has stopped, looked and listened at the place where those about to cross usually do so.</p> <p>2. One who is put in jeopardy through the negligence of the defendant and through no fault of his own, will not be held guilty of contributory negligence, as a matter of law, because he did or did not do that which, under ordinary circumstances, he would have been required to do in order to avoid the injury.</p> <p>3. The court cannot take a case from the jury where there is evidence that the person injured did stop, look and listen, although the great weight of the evidence is to the contrary.</p> <p>4. A point for charge which asks the court to say that if the jury believe the facts contained in it their verdict should be for the party presenting the point, should be affirmed if all those facts have evidence to sustain them and no other facts in the case would compel a different conclusion even though the facts in the point were believed.</p> <p>5. A qualification of a point is erroneous if the effect thereof is to confuse or mislead the jury.</p>