Kovarik v. Lehigh Valley Railroad

Citations

• 240 Pa. 533
• 87 A. 779
• 1913 Pa. LEXIS 709

Syllabus

<p>Negligence — Railroads — Pedestrians — Permissive crossing — Warning — Court -and jury — Instruction.</p> <p>1. In an action against a railroad company to recover damages •for personal injuries the case is for the jury, where the evidence of the plaintiff goes to show that he was struck in the use of a permissive crossing by an engine of the defendant company moving quietly in the darkness, without signal, although the defendant introduces several witnesses who testify that plaintiff was injured while undertaking to jump on the end of the tender of the engine.</p> <p>2. In such a case the defense is not in position to complain of a charge, where the trial judge carefully presents to the jury the questions involved and affirms without qualification eleven points for charge submitted by the defense, refusing only those praying for binding instructions, and further gives an opportunity for correction or enlargement of the instruction at the close of the charge by inquiring directly of counsel if there was anything else that they desired to have brought to the attention of the jury.</p>