Sgier v. Phila. & Reading Ry. Co.

Citations

• 260 Pa. 343
• 103 A. 730
• 1918 Pa. LEXIS 518

Syllabus

<p>Negligence — Railroad companies — Automobiles—Safety gates— Operation — Presumption—Evidence — Circumstantial evidence — Res ipsa loquitur.</p> <p>1. Where a railroad appliance is in its proper place and performing its intended function, it is prima facie evidence that it is under the control of the company and this applies as well to a safety gate as to a locomotive.</p> <p>2. It is the duty of a railroad company to exercise reasonable care in operating safety gates so as to protect the traveler on the highway from the cars ,and from the gates. The gates should be operated with due regard to the safety of those crossing the tracks as well as of those about to enter thereon.</p> <p>3. A recovery will be sustained where it appears that plaintiff, who was a passenger in an automobile about to cross defendant’s four-track railroad at a public crossing, was struck and injured at the crossing by a safety gate which suddenly descended upon her while the automobile was in the act of driving upon the track. There was no evidence as to who operated the gate, but at the time a train was approaching and near at hand and a man'had just been seen in the gatehouse and there was no evidence that the gates operated automatically.</p> <p>4. The violence and rapidity with which the gate was lowered and the fact that it struck the top of the automobile near the front were matters for the jury, and, while the mere happening of the accident did not raise a presumption of negligence, the circumstances shown were such as to make it a question of fact for the jury.</p> <p>Practice, G. P. — Motion to reduce charge to writing — Bequest for general exception — Failure to allege reasons — Presentation of points — Time for presentation — Befusal to receive — Acts of March 24,1877, P. L. 38, and May 11,1911, P. L. 279.</p> <p>5. Where no request is made that the charge of the court be reduced to writing and filed of record, error cannot be assigned thereto.</p> <p>6. It is not error for the t