Lodge v. Pittsburgh & Lake Erie Railroad

Citations

• 243 Pa. 10
• 89 A. 790
• 1914 Pa. LEXIS 568

Syllabus

<p>Negligence — Railroads — Permissive crossings — Minor — Contributory negligence.</p> <p>1. When a railroad company has for many years, without objection, permitted the public to cross its tracks at a certain point not in itself a public crossing, it owes the duty of reasonable care towards those using the crossing; and whether in a given case such reasonable care has been exercised or not, is ordinarily a question for the jury under all the evidence.</p> <p>2. The measure of a child’s responsibility is his capacity to see and appreciate danger, and the rule is, that in the absence of clear evidence of lack of discretion, he will be held to such measure thereof as is usual in those of his age and experience. This measure varies with each additional year, and the increase of re: sponsibility is gradual. It makes no sudden leap at the age of fourteen. That is simply the convenient point at which the law, founded upon experience, changes the presumption of capacity, and puts upon the infant the burden of showing his personal want of the intelligence, prudence, foresight, or strength usual in those of such age.</p> <p>3. In an action against a railroad company to recover damages for the death of plaintiffs’ son, a boy eleven and a half years old, it appeared that defendant’s railroad, in passing through a borough, consisted of three parallel tracks running alongside of a river. At the point where the accident occurred, boys and men had been accustomed for many years to cross the railroad tracks in order to reach the river for bathing and fishing and at times as many as fifty or sixty persons would cross in one day. There was a well-defined path worn on each side of the railroad and upon the cinders on the roadbed. There was an embankment five or six feet high along the side of the railroad, but it was “sort of washed out” and those crossing the tracks could easily get up and down to and from the river. Deceased started with three companions to go to the river to swim.