Ragan v. Pennsylvania Railroad

Citations

• 189 Pa. 572
• 42 A. 287
• 1899 Pa. LEXIS 694

Syllabus

<p>Negligence—Railroads— Grade crossings—Contributory negligence.</p> <p>In an action against a-railroad company to recover damages for death of plaintiff’s husband, the evidence in behalf of the plaintiff tended to show that the deceased on a dark and foggy night approached the defendant’s railroad at a public grade crossing; that he stopped, looked and listened at a proper place, and then went upon the tracks, when he was struck by an engine running at a high rate of speed, without light, bell or whistle. The evidence on behalf of the defendant was in effect that the deceased and a companion were standing upon the track; that the night was not foggy; that the speed of the train was only from six to eight miles an hour; that a light was displayed, a bell rung continuously and a whistle blown two crossings away, and that the deceased and his companion received a verbal warning from one of the crew on the train. Held, that the question of the defendant’s negligence and of the deceased’s contributory negligence was for the jury, and that a judgment and verdict for plaintiff should be sustained.</p>