Sellers v. Philadelphia & Reading Railway Co.

Citations

• 214 Pa. 298
• 63 A. 606
• 1906 Pa. LEXIS 647

Syllabus

<p>Negligence — Railroads—“ Stop, look and listen ” — Nonsuit.</p> <p>In an action against a railroad company to recover damages for personal injuries, it appeared by the plaintiff's own testimony that he stopped his wagon at a point 101 feet from the grade crossing where he was injured, and looked and listened. At that point it was admitted that he had an uninterrupted view of the track for at least 672 feet, the weight of the evidence being that it was 972 feet. As he approached the railroad his view gradually extended, until just before coming on the tracks he could see 1,429 feet. His horse was struck on the track; whether or not the carriage actually reached the track did not appear. Held, that a nonsuit was properly entered.</p>