Matthews v. Philadelphia & Reading R. R.

Citations

• 161 Pa. 28
• 28 A. 936
• 1894 Pa. LEXIS 625

Syllabus

<p>Negligence — Railroads—Safety gates— Trespasser.</p> <p>Safety gates, which should be closed in case of danger, are an invita- • tion to the traveler on the highway to cross, and while this fact does not relieve him from the duty of exercising care, it is a fact for the consideration of the jury in determining whether he exercised care according to the ■circumstances; but this rule does not apply where the person injured was not a traveler on the public highway crossing the railroad, but reached the place of danger by walking along the railroad.</p> <p>Neyliyence — “ Stop, look and listen ” — Contributory negligence.</p> <p>Plaintiff’s husband was killed at a public crossing where the railroad •company operated four tracks. At the crossing were plank sidewalks for foot passengers. The company maintained safety gates on both sides of the crossing, and also employed a watchman. The deceased with some friends went upon the roadbed of the company about a square from, the ■crossing, and walked upon the railroad to the plank sidewalk on the west side of the street. Here he stopped for a couple of seconds to listen for trains. Hearing none he separated from his companions, and walked on 'the railroad to the plank walk on the east side of the street. A train was standing on that side of the street, and he turned to walk on the plank footway across the tracks; as he stepped off the track where the train was standing to the next track, he was struck by a locomotive coming towards him on that track, and killed. No signal was given by the train; the gates were not closed: and the watchman was in his box. It also appeared that it was a dark and rainy day, and that the steam from the standing locomotive settled near the ground obstructing the sight. Held, that a compulsory nonsuit was properly entered.</p>