Luken v. Pennsylvania Railroad

Citations

• 267 Pa. 315
• 110 A. 151
• 1920 Pa. LEXIS 852

Syllabus

<p>Negligence — Railroads—Automobiles-—Stop, look and, listen — ■ Duty to continue looking after stopping — Grade crossing.</p> <p>1. Although an automobile stops at a point on a road where people usually stop, look and listen before proceeding to cross over railroad tracks, the duty rests upon the driver to continue, until he reaches the railroad, to look for an approaching train and to observe the precaution which the situation requires. His whole duty is not confined to stopping, looking and listening. After doing so, it is his duty, when he proceeds towards the crossing, to keep a vigilant and continuing outlook.</p> <p>2. In an action against a railroad company to recover damages for the death of plaintiff’s father in a collision between a train and an automobile, a verdict and judgment for plaintiff cannot be sustained, where it appears deceased and his driver approached, in an automobile, a railroad crossing at grade; deceased was sitting on the front seat to the right of the driver; they stopped, looked and listened at a point near a “Stop, Look and Listen” sign, where people usually did so, before proceeding to cross the tracks; from this point there was a view of several hundred feet to the right from which direction the train was coming; having looked at this point they proceeded, and as they advanced towards the tracks their view became restricted and was finally cut off by the railroad station, a frame structure alongside the road to the right; as they proceeded and came on a line with the station, the driver could have had a clear view of the railroad between the station and the front rail for more than 400 feet to the right, and at a single glance he would have seen the approaching train, which he could have avoided by stopping the automobile; and the driver admitted that, after he had stopped, looked and listened, he did absolutely nothing more as a precaution against the danger which he knew might be, and actually was, ahead of him.</p> <p>3. Even w