McKinney v. Baltimore & Ohio Railroad

Citations

• 247 Pa. 217
• 93 A. 287
• 1915 Pa. LEXIS 810

Syllabus

<p>Negligence — Railroads—Grade crossings — Children — Death — Proximate cause — 0ontributory negligence of parents.</p> <p>1. Whether a railroad company was negligent in running a locomotive without warning over a grade crossing, where the approach to the crossing was concealed by a building close to the track, and if negligent whether its negligence was the proximate cause of the death of a child of tender years who was struck by the locomotive in attempting to cross the track, were questions for the jury, where there was evidence that the child was familiar with locomotive signals and that none were given as the engine approached and . though warned by a playmate started over the tracks declaring that he would “beat it across.” Because of the absence of signals the child might have believed that no locomotive was approaching, notwithstanding his playmate’s warning, and his expression as he started over might have been used in a slang sense and did not necessarily show that he was aware of the proximity of the train.</p> <p>2. Where in such case the parents of the deceased child were poor working people, although one of them was at home and knew that his child was playing in the street, yet as the child was in charge of children old enough to take care of him, the question whether or not the parents were guilty of contributory negligence was for the jury.</p>