Simons v. Philadelphia & Reading Railway Co.

Citations

• 254 Pa. 507
• 98 A. 1080
• 1916 Pa. LEXIS 759

Syllabus

<p>Negligence — Railroads—Automobile—Grade crossing — Collision —Evidence—Stop, loolc and listen — Contributory negligence — Case for jury.</p> <p>1. In an action against a railroad for injuries resulting from a collision between a train and vehicles or persons crossing railroad tracks, direct and positive evidence of witnesses who were in a position to know, to the effect that no signal of the train’s approach was given, is negative only in the sense that all testimony as to the nonexistence of a fact may be said to be negative in character, but in effect it is positive and is sufficient to establish a prima facie ease.</p> <p>2. Where the testimony offered by the plaintiff makes out a prima facie case by showing the existence of facts from which the inference of negligence arises, the ease is necessarily for the jury, notwithstanding that the great preponderance of the testimony is with the defendant. An inference of negligence having once arisen remains until overcome by countervailing proof, and whether it is so overcome is a question for the jury.</p> <p>3. Where in an action against a railroad company to recover damages for the death of plaintiff’s husband who was killed while crossing the defendant’s tracks in an automobile on an exceptionally dark night when the atmosphere was extremely heavy because of a dense fog each of three witnesses who were in the car with deceased testified that he looked and listened for an approaching train; that he heard no signal of any kind; and that he was in position to hear the signal if any had been given, and that none was given, the case is for the jury and the trial judge erred in holding that such testimony was merely negative and amounted only to a scintilla, and in entering judgment for the defendant n. o. v.</p>