Seifred v. Pennsylvania Railroad

Citations

• 206 Pa. 399
• 55 A. 1061
• 1903 Pa. LEXIS 729

Syllabus

<p>Appeals — Assignments of error — Practice, Supreme Court.</p> <p>It is improper practice on appeal to raise the same question by several different assignments of error.</p> <p>Negligence — Evidence—Opinion of witnesses — Grade crossing.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained at a grade crossing it is error to admit the opinion of witnesses to show that the crossing was dangerous, where the facts disclosed by the evidence give an intelligent description of the situation. In such a case the jury have before them all that is necessary to enable them to form an opinion themselves as to the character of the crossing.</p> <p>Negligence — Railroads—Grade crossing — Duty as to flagman.</p> <p>On running its trains over a crossing, a railroad company must exercise the care required by all the circumstances, and the failure to perform this duty is negligence. It must adopt and use some means for the protection of those who may be crossing its tracks at their intersection with a public highway. But what particular means shall be used to protect the public when using the crossing with duo care is left to the railroad company which operates the road, the law merely demanding and requiring reasonable cai-e in view of all the circumstances.</p> <p>It is not negligence per se for a railroad company not to guard a crossing with a flagman or watchman. It is only one of the elements to be considered with others in determining whether the company is negligent.</p> <p>Negligence — Damages—Carlisle tables.</p> <p>' In an accident case where the Carlisle tables are admitted to show the expectancy of life of the plaintiff, the court must carefully guard the effect of the evidence by directing the attention of the jury to the circumstances affecting the duration of the life in question. It is not sufficient to say that the tables are some aid, but not conclusive in determining the probable life of the plaintiff. All the circumsta