Meitzner v. Baltimore & Ohio Railroad

Citations

• 224 Pa. 352
• 73 A. 434
• 1909 Pa. LEXIS 791

Syllabus

<p>Negligence — Railroads—Crossing tracks — '-Conflicting statements of plaintiff’s witness.</p> <p>1. In an action against a railroad company for the death of plaintiff's husband killed on railroad .tracks at a crossing, where the plaintiff's case rests largely upon the testimony of the only person who saw the accident from beginning to end, the fact that such witness'makes contradictory and wholly irreconcilable statements, does not in itself make the case one for binding instructions for defendant. It is for the jury to decide what credit they will give the witness, and which of his statements, if either, they will accept.</p> <p>2. In passing upon a motion for nonsuit, where the evidence for the plaintiff is contradictory, it is the duty of the court to allow it the significance most favorable to plaintiff, since for all the court may know, that view may prevail with the jury.</p> <p>3. In an action to recover damages for the death of a person killed at a crossing which was not a public crossing, laid out or adopted by municipal authority, it appeared that the crossing was on the property of the defendant railroad company, and had been made by it for the convenience of passengers in passing between stations on opposite sides of the tracks. For many years it had been used by the general public as well, not only with the knowledge of the defendant company, but by its encouragement. The deceased was not a passenger. Held,, that it was proper for the court to charge that if the jury believed the evidence as to the crossing, the deceased was not a trespasser, and that the defendant owed him the same duty that it owed passengers using the crossing.</p> <p>Amendment — Practice, C. P. — Name of corporation — Railroad company.</p> <p>4. Where in an action of trespass the plaintiff's statement improperly describes the defendant railroad company as a corporation of the state of Pennsylvania, an amendment may be allowed so as to correctly describe it as á corporation of the