Schwarz v. Delaware, Lackawanna & Western Railroad

Citations

• 211 Pa. 625
• 61 A. 255
• 1905 Pa. LEXIS 521

Syllabus

<p>Negligence—Railroads—“ Stop, look and listen ”—Grade crossing—Death— Nonsuit—Safety gates—Watchman—Evidence.</p> <p>Where in an action against a railroad company for death at a grade crossing, the trial judge attempts to demonstrate by mathematical calculation the contributory negligence of deceased, and in doing so assumes that the train was moving at a uniform speed of forty miles per hour, and the wagon at a uniform speed of two miles per hour, the evidence in support of such assumption must be clear and undisputed; otherwise the question of the respective speed of the train and wagon is for the jury.</p> <p>Where a railroad company has placed safety gates and stationed a watchman at a dangerous crossing in a populous district, where there is much travel at all hours, it is the duty of the company not to accelerate but to moderate the speed of its trains when the watchman is off duty and the gates locked open.</p> <p>Where a person about to cross a railroad at a public crossing can only see a train approaching for a distance of about 585 feet, if he stops at the proper place and looks and listens, the railroad company is bound to regulate the running of its trains so as to make it possible for a driver to cross the tracks in safety if he has himself stopped, looked and listened at the proper place.</p>