Marsh v. Philadelphia & Reading Railway Co.

Citations

• 260 Pa. 536
• 103 A. 916
• 1918 Pa. LEXIS 562

Syllabus

<p>Negligence —< Railroads — Crossing — Standing car obstructing crossing — Pedestrian—Walking around end of car — -Darkness — Pile of earth — Pall—Death—Case for jury.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, the questions of defendant’s negligence and the contributory negligence- of the plaintifE were for the jury and a verdict and judgment for the plaintiff will be sustained where it appeared that it was necessary for deceased, in order to reach his work, to cross defendant’s road at a point where there were five parallel tracks; that a plank walk had been placed over such tracks occupying the space between the tracks; that three or four days before the accident defendant placed between the third and fourth tracks a pile of earth extending from one end of the plank crossing; that during the night preceding the morning of the accident the defendant shifted a car so that it covered the entire walk; that about 6 a. m. on a winter morning deceased attempted to reach the other side by passing around the end of the car, but in so doing fell on the pile of earth and sustained the injuries from which his death resulted; and there was evidence that at the time of his fajl two large electric lights were burning at the crossing, but that -tfej^firth. pile was obscured from view by the shadow caused.'®^éiend- of the car.</p>