Schwoerer v. Lehigh Valley Railroad

Citations

• 225 Pa. 28
• 73 A. 980
• 1909 Pa. LEXIS 596

Syllabus

<p>Negligence — Railroads—Grade crossings — “Stop, look and listen”— Case for jury.</p> <p>In a grade crossing case the evidence for the plaintiff tended to show that at the time of the accident, plaintiff was driving a spirited team hitched to a wagon, and that he stopped 110 feet from the track, and looked and listened, but seeing and hearing no trains he started on, seated well back in the wagon, and that his horses were struck when on the second track. At the point where he stopped plaintiff could see 1,153 feet. Between this point and the track was situated a building which obstructed the view. The witnesses for plaintiff testified in effect that in passing the building before a view of the tracks could be had, the horses would be on the tracks. The testimony on this subject was, however, not in entire harmony. There was also proof that the train was running at a high rate of speed, and without warning signals. There was also evidence that there was a curve at the angle of the intersection of the road and track, and that this angle was acute. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>