Lotz v. Baltimore & Ohio Railroad

Citations

• 247 Pa. 206
• 93 A. 274
• 1915 Pa. LEXIS 808

Syllabus

<p>Negligence — Railroads—Grade crossings — Death—Contributory negligence — Presumption of due care.</p> <p>In an action to recover damages for the death of plaintiff’s husband who was killed by defendant’s train at a grade crossing in a borough, where there was evidence that a box ear on a siding obscured the deceased’s view of the train, the speed of which was from 35 to 40 miles an hour, and that no warning of its approach was given, and where there was no direct evidence as to how the accident occurred, the presumption was that deceased had observed the precautions required by law of one about to cross railroad tracks, and the case was properly submitted to the jury.</p>