Knox v. Philadelphia & Reading Railway Co.

Citations

• 202 Pa. 504
• 52 A. 90
• 1902 Pa. LEXIS 555

Syllabus

<p>Negligence — Railroads—Speed—Signals—Evidence—“ Stop, look and listen..”</p> <p>The testimony of one witness, who had no qualification to judge of speed, that a train was running at the rate of sixty miles an hour on a rainy day across a country crossing is insufficient to cany a caseto the jury, and this especially so where such witness is contradicted by the schedule of the train and the direct testimony of the engineer.</p> <p>The testimony of one witness, a passenger, that a train approached a crossing without ringing a bell or sounding a whistle, contradicted by the engineer, fireman, conductor and brakeman, is insufficient to carry a case to the jury on the question of the railroad company’s negligence.</p> <p>Where a person stops at a point 125 feet from a grade crossing, and then proceeds without stopping again, in a heavy rain, with his wagon curtains down, and with the view obstructed, until the tracks are reached, he is guilty of contributory negligence, and if he is killed by a passing train no recovery can be had for his death.</p>