Robertson v. Pennsylvania Railroad

Citations

• 180 Pa. 43
• 36 A. 403
• 1897 Pa. LEXIS 865

Syllabus

<p>Negligence — Railroads—Bicycles—“ Stop, look and listen ” — Grade crossings.</p> <p>A “bicycler’s stop” by circling on a bicycle is not a stop within the meaning of the rule which requires a person approaching a railroad at a public crossing to stop, look and listen before goin'g upon the tracks.</p> <p>A bicycler approached a railroad track at a public grade crossing, at a pointwhere there were four tracks, when a freight train was passing. He did not dismount, but circled on his wheel round and round at a distance of from five to ten yards from the track, and when the freight train had passed he started to cross without dismounting, and was struck and killed by a train coming in the opposite direction on another track. Before reaching a position of actual danger there was a space of seven feet from which an unobstructed view of the train could have been had. Held, that the death of the bicycler was caused by his contributory negligence and that his widow could not recover damages for his death.</p> <p>A bicycler must dismount when approaching a railroad crossing, or at least bring his wheel to such a stop,as will enable him to look up ami down the track and listen, in the manner required of a pedestrian.</p>