Paul v. Philadelphia & Reading Railway Co.

Citations

• 231 Pa. 338
• 80 A. 365
• 1911 Pa. LEXIS 845

Syllabus

<p>Negligence — Railroads—Contributory negligence — “Stop, look and listen” rule — Duty to listen.</p> <p>1. The unbending rule as to the duty of a traveler on a public highway, as he approaches a railroad crossing over it, is to stop, look and listen. He must listen as well as look, for conditions may be such that though, when he stops at a proper place and looks, he cannot see a coming train, he yet must hear it if he listens. And if he then, in spite of what he hears, walks or drives on into almost instant collision with the train, he is as guilty of contributory negligence as if he had plainly seen its coming.</p> <p>2. In an action to recover damages for personal injuries the court properly directs a verdict for the defendant railroad company where it appears that the plaintiff, a man of good hearing, while driving on a public road on a calm and peaceful night, with nothing to interfere with the noise made by the moving of railroad cars, stopped about thirty feet from a railroad crossing and then was struck while crossing the track by a train of twenty-eight coal cars, with the engine nearly in the middle, moving upgrade at the rate of four or five miles an hour, and where from the testimony of one of plaintiff’s own witnesses it is clear that if he did not hear the train it was because he was not listening.</p>