Serfas v. Lehigh & New England Railroad

Citations

• 270 Pa. 306
• 113 A. 370
• 14 A.L.R. 791
• 1921 Pa. LEXIS 380

Syllabus

<p>Negligence—Railroads—Automobiles—Darhmss —■ H'eac&igKt — Absence of warning sign—Stop, loolc and listen—Grade crossing— Railroad siding.</p> <p>1. Darkness is no excuse for failure to stop, look and listen, before driving upon the tracks of a railroad at a grade crossing,</p> <p>2. It is the duty of a chauffeur traveling by night to have such a headlight as will enable him to see in advance the face of the highway and to discover grade crossings, or other obstacles in his path, in time for his own safety, and keep such control of his car as will enable him to stop and avoid obstructions that fall within his vision.</p> <p>3. So far as relates to the duty to stop, look and listen, there is no distinction between a siding and the main track of a railroad.</p> <p>4. The fact that the driver of an automobile stopped upon the track at a grade crossing is not a compliance with the rule to stop, look and listen, as the required stop must be made before the track is reached.</p> <p>5. The misplacement or even absence of a warning sign will not excuse a traveler’s failure to stop, look and listen.</p>