Rapp v. Central Railroad

Citations

• 269 Pa. 266
• 112 A. 440
• 1921 Pa. LEXIS 541

Syllabus

<p>Negligence — Railroad —■ Automobile — Right-angled collision — ■ Speed of train — Proximate cause — Negative testimony as to signals —Evidence—Gase for court.</p> <p>1. It is not a negligent act to operate a railroad train at thirty miles an hour in an open country district.</p> <p>2. Where a chauffeur sees a train in front of him crossing the road when he is some 155. feet away, and operates his automobile so as to run into the train at right angles, the speed of the train has nothing to do with the accident, and is immaterial.</p> <p>3. Negative testimony of those who did not hear a signal at a railroad crossing, as against the positive affirmative testimony of witnesses who did hear, and who were in a position to know, is not enough to make out a charge of negligence against the railroad company.</p> <p>Mr. Justice Kephart dissented.</p>