Salathe v. Delaware, Lackawanna & Western Railroad

Citations

• 28 Pa. Super. 1
• 1905 Pa. Super. LEXIS 122

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, look and listen” — Signals —Province of court and jury — Speed.</p> <p>In. a grade crossing case where the evidence is contradictory as to whether the approaching train gave a signal, the case should be submitted to the jury with proper explanations as to the relative value of the testimony of those who swore positively that they had heard the signal and the negative testimony of those who simply testified that they had not heard it.</p> <p>While it may not be negligence for a railroad company to run a train in the open country at the rate of sixty miles an hour, still if'it does so, it should give some warning or signal at crossings, and a court cannot be convicted of error in referring to such a rate of speed in connection with proper instructions as to signals at crossings.</p> <p>Negligence — Railroads—Grade crossings — “ Stop, look and listen ” — Driving cattle over tracks.</p> <p>Those who are about to drive a herd of cattle across a railroad track over which express trains are run at a high rate of speed, must first take the necessary precautions to ascertain whether trains are approaching. After the herd is once started across the track it may be impossible to turn them back or divide them until all have passed. When a herd is very large it may be incumbent upon those having them in charge to divide them, so as not to occupy the crossing for a length of time which would involve danger.</p> <p>The fact that a person who was leading a herd of cattle has stopped, looked and listened, does not relieve all intelligent persons following after from exercising the care demanded from the circumstances, nor from the operation of the rule of law that they must stop, look and listen for approaching trains.</p> <p>Where a person leading a cow by a rope followed by twelve other head of cattle, stops, looks and listens three feet from the track where an approaching train would be visible for a mile and nine-tenths, and afte