Kubrak v. Pennsylvania Railroad

Citations

• 255 Pa. 379
• 100 A. 94
• 1917 Pa. LEXIS 461

Syllabus

<p>Negligence — Railroad companies — Crossing—Death—Evidence— Sufficiency — Judgment for. defendant n. o. v.</p> <p>Where, in an action of trespass to recover damages for tbe death of plaintiff’s husband, who was killed by a locomotive while endeavoring to cross railroad tracks at a private crossing, there was uncontradicted testimony that warnings were given by two distinct whistles blown before the train reached the crossing and that the bell had been continuously rung for fifteen hundred feet, where the only witness testifying for plaintiff, although stating that he did not hear any bell also admitted that he was busily engaged at work on a flower bed at the time of the accident, the evidence of such witness was merely negative in character and was not sufficient to overcome the testimony of defendant’s witnesses, and the entry of judgment for defendant n. o. v. was proper.</p>