McGuigan v. Pennsylvania Railroad

Citations

• 224 Pa. 594
• 73 A. 958
• 1909 Pa. LEXIS 846

Syllabus

<p>Negligence — Railroads—Collision with street car — Case for jury.</p> <p>1. In an action by a passenger in a street railway car against a steam railroad company to recover damages resulting from a collision between the street car and a train at a crossing of the two roads an inference of negligence arises against the railroad company where it appears that its watchman signaled the street car to cross when there was not time for it to do so before the train backed on the crossing. In determining whether there was time to cross, the speed of the train and the probability of the street car's being accidentally delayed were to be taken into consideration.</p> <p>2. In an action by a passenger on a street car against a railroad company to recover damages for personal injuries sustained at a grade crossing, it appeared that the car was stopped five feet from the safety gates, which were up, and the conductor went forward on the crossing. When he reached the railroad tracks, the defendant's watchman who was stationed in a tower from which he operated the gates signaled to him to go ahead and he in turn signaled to the motorman to cross. When the car reached the middle of the crossing, the motorman saw a train of tank cars 125 or 150 yards from him, of the approach of which no signal had been given. He turned the power on quicldy in order to get across. The car stopped on the railroad tracks and the back end of it was struck within a few seconds afterwards. The time given by the witnesses during which the car stood before the collision, varied from one to six seconds. The stopping of the car was due to the trolley getting off the wire or to the blowing out of the hood switch, a device designed to prevent the burning out of the motor in case the power is turned on too rapidly. Held, that the case was for the jury.</p>