Lynn v. Pittsburgh & Lake Erie Railroad

Citations

• 267 Pa. 41
• 110 A. 271
• 1920 Pa. LEXIS 806

Syllabus

<p>Negligence — Railroads—Passengers—Station— Crossing tracks on grade at station — Contributory negligence — When for jury and when matter of law — Reasonable care — Duty to look — Difference between stepping on or off track — Speed.</p> <p>1. An arriving or departing passenger need not stop, look and listen before he crosses the tracks of a railroad company at a point provided by it for the use of such passengers.</p> <p>2. Such passenger is entitled to the same high degree of care which the railroad company is required to give to those actually riding in its cars.</p> <p>3. But this does not relieve the passenger from the exercise of reasonable care; he must look for the coming of trains while crossing the tracks, and if he fails to do so and is struck while in the act of stepping in front of a moving train, he will be held guilty of contributory negligence.</p> <p>4. Under such circumstances, if he is struck when stepping from the track it is usually for a jury to say whether or not he was guilty of contributory negligence, especially if there was anything to prevent him from seeing or hearing accurately.</p> <p>5. The reason for the distinction is that one to whom a high degree of care is due, will not be punished because he did not nicely calculate the relative speed of himself and the train which struck him.</p> <p>6. If there were evidence that the sight or hearing of the approaching train was obscured or .prevented, the case would be for the jury: Struble v. Penna. Co., 226 Pa. 118.</p>