Mosten v. Lake Shore & Michigan Southern Railway Co.

Citations

• 218 Pa. 392
• 67 A. 740
• 1907 Pa. LEXIS 532

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, look and listen.”</p> <p>Where a person approaches a grade crossing where there are ten tracks, early on a dark winter morning, and presumably stops, looks and listens, and when he has crossed several of the tracks, is stopped by a passing freight train which he was not able to see before, because of the darkness, and while in this position of peril is suddenly struck by a passenger train going at the rate of over fifty miles an hour, the question of the railroad company’s negligence is for the jury, and a recovery for the death of the deceased will be sustained.</p>