McAnally v. Pennsylvania Railroad

Citations

• 194 Pa. 464
• 45 A. 326
• 1900 Pa. LEXIS 420

Syllabus

<p>[Marked to be Reported.]</p> <p>Negligence — Railroads—Sudden emergency — Gatemen and travelers.</p> <p>Where a person who is about to cross a railroad track is suddenly confronted by a train, and retreats to a position which he deemed safe, and which in fact was probably safe, and the gateman having a different view runs forward with a warning to “ Get back,” and finding his warning disregarded, attempts to force him back, and in the struggle the person is thrown and injured by a passing train, his resistance is the proximate cause of the injury, and the railroad company is not liable for the injury, and a nonsuit is properly entered.</p>