Lake Shore & M. S. Ry. Co. v. Frantz

Citations

• 127 Pa. 297
• 18 A. 22
• 1889 Pa. LEXIS 1115

Syllabus

<p>(«) A city street was crossed at right angles by the main tracks and sidings oE the defendant company’s railroad, the main tracks being north of two of the sidings. South of these tracks and sidings and separated from them about seven feet were the tracks and sidings of another railroad company. Safety-gates were maintained at the crossing, in obedience to a city ordinance.</p> <p>(?•>) About 7 A. M. the plaintiff and a companion, occupying and driving a two-horse wagon, approached the crossing from the south, but before driving over they stopped, looked and listened. The safety-gates were raised and no watchman was present. The south sidings of defendant’s line were occupied in both directions by box ears, which obstructed the view of the main track.</p> <p>(c) While the two men were stopping and looking, a hand-ear on one of defendant’s main tracks passed eastward from behind the box oars, and they then drove across without again stopping to look and listen, and as they reached the main track they were struck by another hand-ear passing rapidly on the same track in the same direction.</p> <p>1. The foregoing facts appearing in the plaintiff’s case, in his action for damages, it was proper that the question whether he was guilty of contributory negligence or not should bo left to the jury, and it was not error to refuse to enter a judgment of compulsory nonsuit.</p> <p>2. The duty to stop, look and listen is absolute and imperative, and the fact that the safety-gates were raised did not release the plaintiff from its observance; yet, on the other hand, it was some evidence of uegligenee on the part of the defendant, and as such was a proper subject of the comments made thereon to the jury.</p> <p>3. The trial judge charged that the jury might consider the pain and suffering the plaintiff “has undergone, and may undergo in the future ; ” but the idea of coiupensation was fairly brought to their attention in the enumeration, of the elements of the damages allowabl