Mankewicz v. Lehigh Valley Railroad

Citations

• 214 Pa. 386
• 63 A. 604
• 1906 Pa. LEXIS 668

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Nonsuit.</p> <p>The rule that a traveler before attempting to cross the tracks of a steam railroad, must stop, look and listen, is not complied with by stopping where he cannot see. If a driver cannot see by looking from the vehicle in which he is riding, he should get out and walk forward to a place where he can see.</p> <p>In an action against a railroad company for personal injuries sustained at a grade crossing by a collision between a train and a sleigh, a nonsuit is properly entered where it appears that the plaintiff approached the crossing, knowing that it was dangerous, that the gates were up, and the watchman no longer on duty and that a train was due; that he stopped at a place where admittedly he could not see because of standing freight cars, and that he made no further efforts to advise himself of the true condition of the surroundings, but drove upon the track and was injured.</p>