Milligan v. Philadelphia & Reading Railway Co.

Citations

• 261 Pa. 344
• 104 A. 657
• 1918 Pa. LEXIS 744

Syllabus

<p>Negligence — Contributory negligence — Railroads — Horse and, wagon — Grade crossing — Collision—“Stop, looh and listen” — Conflicting evidence — Case for jury.</p> <p>1. The traveler at a grade crossing after stopping is required to continue to look and listen as he goes forward and to be vigilant as long as danger is to be apprehended.</p> <p>2. In a negligence case where plaintiff’s evidence in chief and that of his witnesses make out a case free of contributory negligence, the case is for the jury although some of the answers on cross-examination might indicate negligence on the part of the plaintiff.</p> <p>3. In an action against a railroad company to recover for personal injuries sustained by reason of plaintiff’s wagon being struck at a grade crossing, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that plaintiff stopped, looked and listened when within twenty-five feet of the track, and then proceeded forward continuing to look and listen; that just as the horse stepped on the track plaintiff for the first time saw an engine about 100 feet distant; that he struck the horse and it jumped forward but the rear wheel of the wagon was caught by the tender of the engine, which was running backward, and plaintiff .was thrown to the ground and sustained the injuries complained of; that the engine approached at the rate of forty-five miles per hour without warning; that the collision occurred after sundown and- there was evidence to show the presence of haze or fog and that darkness was approaching; and plaintiff’s testimony that he could see only 300 to 400 feet from the point where he stopped was corroborated by other witnesses, although contradicted by witnesses for the defendant.</p>