Means v. Pennsylvania Co.

Citations

• 52 Pa. Super. 175
• 1912 Pa. Super. LEXIS 152

Syllabus

<p>Negligence—Railroads—“Stop, look and listen”—Grade crossing— Obstruction of view by freight train.</p> <p>In an action to recover damages for the death of plaintiff’s son at a grade crossing, it appeared that there were five tracks at the crossing. The deceased stopped, looked and listened before starting to cross any of the tracks. The three tracks nearest to him were unoccupied. On the fourth track from him a long freight train had just started as the plaintiff stopped and looked. The locomotive of this train was ninety-two feet from the center of the crossing at the time. The deceased attempted to cross and cleared the fourth track on which the freight train was approaching, and was on the fifth track when he was struck and killed by a passenger train going in the same direction with the freight train, at a speed variously estimated at from twenty to forty miles an hour. Held, that the case was for the jury, and that a verdict and judgment for the plaintiff should be sustained.</p>