McGrath v. Pennsylvania Railroad

Citations

• 71 Pa. Super. 1
• 1918 Pa. Super. LEXIS 456

Syllabus

<p>Negligence — Railroads —■ Underground passage — Automobiles — ■ Contributory negligence.</p> <p>Where a railroad company at the instance of a borough constructs an underground passage for a street to eliminate a dangerous grade crossing, .and piers are erected in the cartway of the street in the passage to support the overhéad structure, and the railroad company by its agreement with the borough is under no duty to see that the passage is properly lighted, the railroad company is not liable for personal injuries to the owner of an automobile who while driving at night runs into the piers which were without a red light or other means of warning.</p> <p>In such a case the plaintiff is not entitled to recover because of his contributory negligence, where the evidence shows that he knew of the position of the piers, that he traveled with dimmed headlights, that the night was stormy, and that he could have stopped his car in perfect safety and have avoided the accident had he driven in a careful prudent manner.</p> <p>It is the duty of the driver of a car, driving on a dangerous highway on a dark, stormy night, to have his car under such control that he may stop or turn it away when objects intercepting his passage come within range of the rays of light from his lamps. If he drives so fast that he cannot avoid what ordinary prudence would make a known obstruction, he is guilty of negligence.</p>