Meyers v. Central Railroad

Citations

• 218 Pa. 305
• 67 A. 620
• 1907 Pa. LEXIS 509

Syllabus

<p>Negligence — Railroads—Crossings—Signals—“Stop, look and listen.”</p> <p>In an action by a boy thirteen and one-half years old against a railroad company, to recover damages for personal injuries sustained at night at a railroad crossing, while the boy was sledding, there was evidence that the engine which struck the boy approached the crossing, running backward, without giving any warning in any way of its approach. The crossing was a dangerous one by reason of obstructions to the view of the track] and it was ordinarily protected by a watchman and safety gates. Neither of these precautions was in use at the time of the accident. There was evidence from which it might be fairly inferred that the boy might have stopped his sled or turned it to one side before reaching the track, had any warning of the approach of the train been given. Held, that the question of the defendant’s negligence and plaintiff’s contributory negligence was for the jury.</p>