Seamans v. Delaware, Lackawanna & Western Railroad

Citations

• 174 Pa. 421
• 34 A. 568
• 1896 Pa. LEXIS 900

Syllabus

<p>Negligence — Railroads—Stop, look and listen — Grade crossing.</p> <p>In an action to recover damages for the death of a person killed at a grade crossing it appeared that no person saw the accident; that the body of the deceased was found upon the pilot of an engine near the crossing, and that a buggy in which the deceased started from his home was found broken to pieces near the crossing. The evidence showed that when the deceased was within from thirty to forty feet of the railroad he could have seen along the track at least a quarter and perhaps half a mile in the direction from which the engine came which struck him. Held, that a nonsuit was properly granted, inasmuch as the deceased would have seen the approaching train if he had stopped and looked.</p>