Kopochik v. Pennsylvania Coal Co.

Citations

• 245 Pa. 489
• 91 A. 845
• 1914 Pa. LEXIS 902

Syllabus

<p>Negligence — Contributory negligence — Private railroad track— Stop, look and listen — Licensee—Person seeking employment.</p> <p>In the trial of an action to recover damages for injuries sustained by plaintiff in consequence of his being struck by a car operated upon defendant’s private railroad, it appeared that the railroad was maintained by defendant, a coal company, in an enclosure surrounded by a high fence. Entrance to the ground was obtained through gates, and in order to reach the office it was necessary for visitors to cross the railroad by a regular crossing twelve or fourteen feet wide, which was used by about seven hundred employees daily. Plaintiff went to the defendant’s office seeking work, and under the instructions of the foreman examined certain places in the mine at which he might work, and was returning to his home over the crossing at the time he was injured. The testimony was in conflict as to whether he stopped, looked and listened before attempting the crossing. There was evidence that the car which struck him was suddenly set in motion without warning, when he was on the crossing. The lower court submitted the case to the jury and refused defendant’s motion for judgment n. o. v. Held, no error.</p>