Roland v. Philadelphia & Reading Railway Co.
Citations
- 224 Pa. 630
- 73 A. 958
- 1909 Pa. LEXIS 856
Syllabus
<p>Negligence — Railroads—Grade crossings — Safety gates — Watchman.</p> <p>1. In a case against a railroad company growing out of an accident at a grade crossing, the failure of the company to have the safety gates lowered is evidence of negligence on the part of the defendant to be taken into consideration by the jury in passing upon that question, but is not, in itself, without regard to anything that is proven, conclusive evidence of negligence.</p> <p>2. The fact that a watchman may not have been able to read or write, nor tell the time by watch or clock, is immaterial if there is nothing to show that he was not able to discharge the duties for which he was employed, or that his alleged ignorance contributed in any way to an accident at the crossing.</p>
Judges: Brown, Elkin, Mestrezat, Potter, Stewart
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