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· 1/7/1924

Nolder v. Pennsylvania Railroad

Citations

  • 278 Pa. 495
  • 123 A. 507
  • 1924 Pa. LEXIS 435

Syllabus

<p>Negligence — JRailroads — Crossings — “Stop, looh, and, listen”— Contributory negligence — Evidence.</p> <p>1. It is a traveler’s duty to keep a lookout while crossing the tracks of a railroad, as well as to stop before attempting to cross.</p> <p>2. A pedestrian is guilty of contributory negligence if he approaches a double track railroad, stops, looks and listens, and then, without further stopping, walks over the first track and the space between the two tracks, and as he steps into the middle of the second track is struck by a passing train, which he could have seen by the merest glance if he had looked before committing himself to the second track.</p> <p>3. In such case it is futile for him to say that his view was obstructed by a passing train, which had just passed on the first track in a direction opposite to that of the train which struck him.</p>

Judges: Frazer, Sadler, Schaefer, Schaffer, Simpson, Walling

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