Leader v. Northern Central Railway Co.

Citations

• 246 Pa. 452
• 92 A. 696
• 1914 Pa. LEXIS 537

Syllabus

<p>Negligence — Railroads — Grade crossing accident — Speed of train — Signals—Weight of evidence — Directed verdict.</p> <p>In an action against a railroad company to recover damages for death, of plaintiff’s husband, the court properly directed a verdict for defendant where it appeared that deceased was struck while driving on a country road over the tracks of defendant company; that there were no circumstances warranting an inference that the rate of speed at the place where the accident occurred was undue or excessive; that on the remaining question as to whether defendant was negligent in failing to properly signal the approach of the train, the woman who accompanied the deceased in the wagon at the time of the collision testified that she heard no bell or whistle of an approaching train until they were on the track, that she first heard a whistle and then a crash; that one other witness. for plaintiff did not remember whether a whistle was blown before the wagon was on the track, while the only remaining witness for plaintiff testified that she had heard a whistle before that; and defendant called sixteen witnesses, including the trainmen, three of the passengers on the train and five repairmen who were working nearby at the time, all of whom testified that they had heard the whistle and bell sounded at and beyond the usual whistling post as the train approached the crossing.</p>