McNeal v. Pittsb. & W. Ry. Co.

Citations

• 131 Pa. 184
• 18 A. 1026
• 1890 Pa. LEXIS 1095

Syllabus

<p>„ 1. The rule of Marland v. Railroad Co., 123 Pa. 487,'and the eases cited therein, that a plaintiff cannot recover if, in spite of what his senses must teach him if he uses them, he steps in front of a moving train, is a rule which will not be relaxed or pared down by exceptions.</p> <p>But it is a rule which, in its nature, is applicable only to clear cases; and where, in an action against a railroad company for negligently causing the death of plaintiffs husband, there is any doubt of the negligence of the deceased, it is error to direct judgment of nonsuit.</p> <p>3. Where the plaintiff s witnesses testified as to the circumstances of the accident, it was not error to permit the defendant to cross-examine them as to the presence and gestures of the track-foreman immediately preceding the accident, although not referred to in the examination in chief.</p>