Senft v. Western Maryland Railway Co.

Citations

• 246 Pa. 446
• 92 A. 553
• 1914 Pa. LEXIS 535

Syllabus

<p>Negligence — Railroads — Automobiles — Passengers — Grade crossings — Stop, loolc and listen — Imputed negligence — Contributory negligence — Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries sustained in a grade crossing accident, it appeared that plaintiff was riding in a motor car operated by her husband, as they approached defendant’s grade crossing; that when forty feet from tbe railroad track plaintiff told her husband to look out for a train; that he threw out the clutch and while his car was drifting on an up-grade arose from his seat to obtain a better view, looked at his watch, remarked to her that the train had passed, resumed his seat and when within twenty feet from the track threw the clutch in and the car ran in front of the engine; plaintiff had continued to look and listen for a train from the time she cautioned her husband, and she first saw it when within ten feet of the track, and she testified that when the clutch was thrown out she expected he would stop the car. Held, the negligence of plaintiff’s husband in not stopping before attempting to cross the track could not be imputed to plaintiff, and while she was not relieved from the duty of care, the facts did not convict her of contributory negligence as a matter of law, and a verdict and judgment for plaintiff was sustained.</p>