Rottmund v. Pennsylvania Railroad

Citations

• 225 Pa. 410
• 74 A. 341
• 1909 Pa. LEXIS 674

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, look and listen”— Evidence as to signals.</p> <p>1. In a grade crossing accident case where the plaintiff’s testimony-shows that the train was running at a very high rate of speed and three witnesses for the plaintiff testify positively that the bell was not rung and the whistle did not blow, not that they did not hear the sound of either, the question of the railroad company’s negligence is for the jury, although its witnesses testify that the whistle blew and the bell was rung.</p> <p>2. Where the plaintiff in such a case testifies that he stopped, looked and listened at a point about seventy-five or 100 feet from the track where the view was somewhat obstructed, but saw and heard no train, and- that he again stopped, looked and listened when his horse was about four feet from the track, and there could see the track for about 600 or 700 feet from the crossing, and not seeing nor hearing a train started across with the result that his wagon was struck in the rear by a train, the question of the plaintiff’s contributory negligence is for the jury.</p> <p>Practice, C. P. — Trial—Verdict—Recording verdict — Polling jury.</p> <p>3. The only valid verdict is that which the jury announce orally in court, and which alone is received and recorded as the jury’s finding.-</p> <p>4. Where a jury orally announce that they find a verdict in favor of the plaintiff and against the defendant for a sum stated, and this is duly recorded, the action of the court in reassembling the jury so as to let them make a written memorandum of their verdict which they had submitted, conform to the oral verdict previously recorded, is unnecessary and unavailing.</p> <p>5. A motion to poll the jury cannot be made after the verdict has been openly announced to the court, affirmed by the jury collectively and recorded on the minutes.</p> <p>6. The reassembling of the jury by the court in order to make a written verdict conform to the oral verdict p