Oyer v. Lehigh & New England Railroad

Citations

• 248 Pa. 577
• 94 A. 244
• 1915 Pa. LEXIS 616

Syllabus

<p>Negligence — Railroads—Manufactory near railroad — Workman crossing tracks — Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained by an employee of a manufactory situated partly on either side of the right of way of the railroad company, the testimony of the plaintiff was alone sufficient to take the ease to the jury, where he testified that before starting to cross the track to a part of the plant on the other side, he saw the car which struck him a moment later standing still, and that he looked up the track, but neither saw nor heard any signal that the car was about to move, 'that he was in the act of crossing and while his foot was entangled in the track about five feet from the standing car, he heard the sudden crash of a train attempting to couple such car and was altnost instantly struck by it.</p>