Sefcik v. Pennsylvania Railroad

Citations

• 223 Pa. 348
• 72 A. 787
• 1909 Pa. LEXIS 538

Syllabus

<p>Negligence — Grade crossings — “Stop, look and listen” — Case for jury.</p> <p>1. The rule that one who steps in front of a moving train, which he could have seen and heard if he had looked and listened, will be conclusively presumed to have been negligent, applies only to clear cases where no inference except that of negligence is possible from the facts.</p> <p>2. In an action against a railroad company it appeared that plaintiff’s husband approached a grade crossing of four main tracks and two sidings.' The crossing was at a curve, and from it trains could be seen only 500 feet in one direction, and 1,400 in the other. The deceased stopped, looked and listened four feet from the track and saw the watchman in his box. The night was cloudy and the air filled with smoke. Opposite the crossing were blast furnaces and steel works which gave out sheets of flame, and a great noise. There were also colored signal lights and electric lights within the range of view. The deceased was struck and killed when he was on the fourth track. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>