Leftage v. Baltimore & Ohio Railroad

Citations

• 250 Pa. 452
• 95 A. 581
• 1915 Pa. LEXIS 969

Syllabus

<p>negligence — Railroads—Team—Grade crossing accident — Case for jury. ■ ...</p> <p>In an action against a railroad company to recover damages for personal injuries, the case is for the jury and a verdict and judgment for plaintiff will be sustained, where it appears that at the place of the accident defendant maintained a railroad of three tracks, the first two, as the plaintiff approached, being used as sidings, and the third, upon which he was hurt, being the main track; that he stopped his team when near the first track and approached the railroad afoot for the purpose of looking and listening; that a freight train standing on the first track prevented the plaintiff from, making an observation until he had passed beyond it; that he went to the third, or main, track, looked up and down and saw that it was clear; that he then retraced his steps, stopped and exchanged words, as to the likelihood of their train moving, with some railroad men sitting on the front of the standing locomotive; that he then walked to his T/agon, mounted it and proceeded to drive across the tracks and was struck on the outer rail of the main track by a passenger train approaching at the rate of forty miles an hour and without giving warning by bell or otherwise of its approach; and that the crossing in question was generally used by the people of the community and was marked as a crossing by a regular sign.</p>