McClure v. Lake Shore & Michigan Southern Railway Co.

Citations

• 41 Pa. Super. 227
• 1909 Pa. Super. LEXIS 36

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Grade crossing.</p> <p>Where a driver of a team on approaching a railroad grade crossing stops to look and listen for a train at a point where he cannot see trains near the crossing, and then starts and drives directly on, although he could by stopping at a point sixteen feet from the track, have had a clear view of any train which was within a mile of the crossing, and the undisputed evidence is that the horses ran into the side of the train and were killed, the driver is guilty of contributory negligence as a matter of law, and no recovery can be had from the railway company for the loss of the horses.</p>