Mostoller v. Baltimore & Ohio Railroad

Citations

• 233 Pa. 388
• 82 A. 462
• 1912 Pa. LEXIS 838

Syllabus

<p>Negligence — Railroads—Grade crossings — “Stop, look and listen.”</p> <p>In an action against a railroad company by the driver of a wagon to recover damages for personal injuries sustained at a railroad crossing, binding instructions for the defendant are proper where it appears that the plaintiff was familiar with the crossing, and when 625 feet from it he saw a long train of loaded coal cars passing over it; that at a point 425 feet from it, he stopped at a watering trough at the roadside to water his horse, and drove from there to the crossing at a slow walk, without again stopping; and that from the watering trough he had a view of the road for 1,700 feet m the direction from which the engine came, and that from any point within 200 feet of the crossing this view was extended to about 3,500 feet.</p>