Penn. R. v. Mooney

Citations

• 126 Pa. 244
• 17 A. 590
• 1889 Pa. LEXIS 863

Syllabus

<p>(a) In an action to recover damages for a negligent act causing tlie death of plaintiff’s husband, the only testimony showing the manner of the decedent’s death was,* 1 2that just as he stepped upon the track at a public crossing he was struck by the defendant company’s train and killed.</p> <p>1. In such case, if the deceased was walking upon the track and was crossing the highway, he was a trespasser; if he was walking upon the highway and was crossing the track, he was guilty of contributory negligence : in either event the ¡haintiff was not entitled to recover.</p> <p>2. The -presumption that the deceased performed his legal duty to stop, look and listen, slight and faint at the best, was overborne by the affirmative proof from the plaintiff’s witness that he was struck the moment ho set foot on the track in front of the locomotive.</p>