Kobylis v. Philadelphia & Reading Railway Co.

Citations

• 261 Pa. 350
• 104 A. 595
• 1918 Pa. LEXIS 745

Syllabus

<p>Negligence — Railroads — Pedestrian — Grade crossing — “Stop, looh and listen” — Sudden danger — lDeath—Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover for death of plaintiff’s husband resulting from his being struck at a grade crossing, the question of the contributory negligence of deceased was for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that as deceased was walking eastward along a street which crossed defendant’s double track line, for the purpose of boarding a street car standing on the far side of the crossing, he stopped and looked in- both directions; that he stopped, looked and listened a second time within four feet of the southbound (near) track; that a long freight train was then being • drawn by four engines up a heavy grade at from two to five miles per hour and was at a point 200 feet distant; that deceased then proceeded to cross and when between the north- and southbound tracks hesitated an instant and then continued across, and when on the far rail of the northbound track was struck by the engine of a train which had come around a sharp curve 490 feet distant without sounding a whistle or other warning of its. approach; and it appeared that there was no watchman at the crossing to give warning of the approach of the train.</p>