Lohrey v. Pennsylvania Railroad

Citations

• 36 Pa. Super. 287
• 1908 Pa. Super. LEXIS 152

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, look and listen” — Obstruction of view — Contributory negligence — Safety gates.</p> <p>Where the driver of a wagon approaches a grade crossing over a railroad having three tracks, at a time the safety gates are raised, and it appears that the view of the second and third tracks is obstructed by high buildings at both corners within eight feet of the first track, and by standing cars upon the first track, the duty of the driver is not fulfilled by merely stopping before going upon the first track, but he is bound to get off his wagon and go ahead of his team, and look and listen for trains approaching on the second and third tracks, and if he fails to do so, and his wagon is struck by a train on the third track, no recovery can be had for the loss of the wagon and its contents. In such a case the driver was not justified in driving upon the tracks after stopping because of the fact that the safety gates were open.</p>