Pennsylvania R. v. Peters

Citations

• 116 Pa. 206
• 9 A. 317
• 1887 Pa. LEXIS 382

Syllabus

<p>There are exceptional eases of negligence, in which, the measure of duty being determinate, the same Under all circumstances, (as for instance the inflexible rule requiring persons about to cross a railroad to stop, look and listen,) the question of negligence is for the court; but, as negligence is the absence of care according to Hie circumstances, when there is a reasonable doubt as to the facts or as to the inferences to be drawn from them; or, when the measure of duty is ordinary and reasonable care and the degree of care required varies according to the circumstances, the question of negligence is necessarily for the jury.</p>