Pennsylvania R. v. Bacza

Citations

• 187 F. 770
• 109 C.C.A. 518
• 1911 U.S. App. LEXIS 4226

Syllabus

<p>.1. Negligence (§ 136*) — Contributory Negligence — When Question fob Jury.</p> <p>Contributory negligence is a matter of defense, and is ordinarily a question for the jury. It is only where the facts are undisputed, or of such a conclusive character that the inference of negligence must be drawn therefrom, that a court will itself pass on the question.</p> <p>[Ed. Note. — For other cases, see Negligence, Cent. Dig. §§ 333-336; Dec. Dig. § 136.*]</p> <p>2. JUilroads (§ 350*) — Accidents at Crossings — Contributory Negligence —Question for Jury.</p> <p>Plaintiff was struck and injured by a train while driving over the tracks of defendant’s railroad at night in a light surrey. The crossing was in a city, and was guarded by gates during the daytime, but they were not operated so late at night. There was evidence that the train was running at a speed of 50 miles an hour, and that it gave no signáis of its approach; also that plaintiff stopped, but did not see nor hear a train. The track curved about 1,000 feet from the crossing. Held, that the question of plaintiff’s contributory negligence was properly submitted to the jury.</p> <p>I Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1152-1192; Dec. Dig. § 350.*]</p>