Murtagh v. Director General of Railroads

Citations

• 271 Pa. 290
• 112 A. 436
• 1921 Pa. LEXIS 497

Syllabus

<p>Negligence — Railroads—Grade crossing — Stop, look and listen— Stopping after entrance upon tracks.</p> <p>1. A pedestrian in crossing a railroad is not bound to stop, look and listen between tracks lying close to each other, to observe approaching dangers.</p> <p>2. The measure of care by users of railroad crossings is exercised when the person stops at a place of safety where he can see, before going on the road, looks and listens, and then, neither seeing nor hearing danger, proceeds to cross.</p> <p>3. While in the act of crossing, a pedestrian must be vigilant to apprehend approaching trains.</p> <p>4. Where there' is doubt as to the 'proper place to stop, look and listen, such question will be referred to the jury as a general rule; but where the stop is made at a point where the pedestrian cannot see, the court will determine the question.</p>