O'Toole v. Pittsburgh & Lake Erie R. R.

Citations

• 158 Pa. 99
• 27 A. 737
• 1893 Pa. LEXIS 1549

Syllabus

<p>Negligence — Railroad—Grade crossings — Passenger in street car.</p> <p>Where a train of oars on a steam railroad collides with a street car at a grade crossing, and a passenger in the street car is injured, both companies are answerable to the passenger, if they were both negligent, and the passenger may maintain his suit against either. If the collision was the result wholly of the negligence of the street ear company, the railroad company is not liable.</p> <p>A passenger in a street ear approaching a grade cros'sing of a railroad is under no obligation to look out and listen for approaching locomotives, and to jump off the ear in apprehension of a possible collision. Crescent Township v. Anderson, 114 Pa. 643; Dean v. Pa. R. R., 129 Pa. 514, distinguished.</p> <p>Plaintiff, a shoemaker by trade, and a cripple from birth in both feet, took a seat in a street car. When the car came to a point about seventy-five feet from the crossing a locomotive approached; the watchman lowered the gates, the street car stopped, the locomotive crossed, the watchman raised the gates, the car started, and as it reached the raifroad track was struck by another locomotive following the one that had passed. Plaintiff was thrown out and injured. The court charged that if plaintiff by looking up the railroad could have learned whether an engine was or was not approaching, and could at the time have gotten off the car if he discovered an engine approaching, and did not do so, he would be guilty of contributory negligence and could not recover. Held to be error.</p>