Newhard v. Pennsylvania R. R.

Citations

• 153 Pa. 417
• 26 A. 105
• 1893 Pa. LEXIS 1119

Syllabus

<p>Negligence — Bailrouds—Grade crossings.</p> <p>The right of a traveler, on a highway crossing a railroad at grade, to use the crossing, is subordinate to the right of the railroad company.</p> <p>Grade crossings in open country — Signals—Negligence.</p> <p>Where a railroad train has given a proper warning signal as it approaches an ordinary grade crossing in the open country, it is not required to slow up or stop until a traveler, who has had opportunity to hear and see the train, has passed the crossing.</p> <p>In an action to recover damages for personal injuries, it appeared that plaintiff, while driving in a wagon over a grade crossing, was injured by collision with one of defendant’s trains. The place where the accident occurred was in the open country, about two miles from Pottstown, where a much frequented turnpike crossed the railroad at an acute angle. At a point on the turnpike two hundred and two feet from the crossing the railroad could be seen for about four hundred feet from the crossing, and at a point on the road seventy-four feet from the crossing the railroad could be seen for nine hundred and ninety feet. At a point somewhere between twenty-six hundred and thirteen hundred feet east of the crossing the steam whistle of the locomotive was sounded, and was heard by eleven witnesses. Plaintiff testified that he did not hear it. When the train went over the crossing it was running at the rate of fifty miles an hour. Held, that there was no evidence of negligence on the part of the company to submit to the jury.</p> <p>Contributory negligence — “ Stop, look and listen.”</p> <p>Where a person is injured at a railroad crossing by the negligence of a railroad company, the question whether the plaintiff stopped at a proper point is for the jury, and it is error for the court to undertake to determine the fact as a matter of law.</p> <p>Practice, C. P. — Reserving question of law.</p> <p>The court cannot reserve as a question of law “ whether under all t