Lee v. Baltimore & Ohio Railroad

Citations

• 246 Pa. 566
• 92 A. 719
• 1914 Pa. LEXIS 557

Syllabus

<p>Negligence — Railroads—Grossings at station — Contributory negligence — Case for jury.</p> <p>1. While one who goes in front of a moving train, which he sees or is under a duty to see will in ordinary cases be adjudged negligent, and an intending passenger at a station, who is using the means provided to reach his train and in following the usual custom is doing what he is expected to do, is under a duty to look for the regular train he intends to take in advance of which he is crossing, and assumes the risk of the danger therefrom which he has reason to apprehend, he does not assume the risk of any other danger of which he has neither knowledge nor means of knowledge, and to which he is exposed by the defendant’s negligence.</p> <p>2. In an action to recover damages for the death of plaintiff’s husband, it appeared that defendant railroad company maintained a station building upon one side of its double-track road, and a platform without shelter upon the opposite side, connected by a plank walk for the use of passengers; that passengers were accustomed to remain in the station in cold weather until notified that the train was approaching; that it was the custom for passengers to remain in the station house until the train on the opposite track was in sight, and then to walk over the crossing to the platform, where passengers were received and discharged from such trains; that deceased on a dark and stormy night purchased a ticket at the station, waited there until someone announced that the train which was behind time was coming, and then with a number of other passengers proceeded in the usual way over the crossing to reach the platform, and that as he was stepping upon the platform he was struck by a loose engine which was running ahead of the passenger train at the rate of thirty or more miles an hour. Held, the contributory negligence of the plaintiff was for the jury and a verdict and judgment for plaintiff was sustained.</p>