Moose Brewing Co. v. Pennsylvania Railroad

Citations

• 36 Pa. Super. 549
• 1908 Pa. Super. LEXIS 201

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Grade crossings.</p> <p>Where a collision takes place at a railroad crossing at the moment when a person enters upon the tracks, such person cannot recover for injuries sustained, no matter what his testimony may be as to stopping, looking and listening, because the fact of an immediate collision conclusively proves that he did not exercise his senses as to the approaching train. There is no difference in the application of this doctrine as to foot passengers and carriage passengers.</p> <p>A driver on approaching a grade crossing, stopped his team which was drawing a heavily loaded wagon, about thirty feet distant from the crossing, and at the foot of an incline about six feet lower than the track. He had an unobstructed view of about 300 feet in the direction from which a train came. After having looked and listened, and not seeing or hearing a train, he started up the grade on a slow pull, and continued until the horses entered upon the track. One of the horses was immediately struck by a train. During the whole distance from the point of- stoppage to the tracks there was nothing to distract the driver’s attention, nor to obstruct his view. Held, that there could be no recovery against the railroad company.</p>