Slamovitz v. Pennsylvania Railroad

Citations

• 266 Pa. 63
• 109 A. 544
• 1920 Pa. LEXIS 501

Syllabus

<p>Negligence — Railroads—Walking near track — Death—Contributory negligence — Choice of ways — Case for jury.</p> <p>In an action by .a widow against a railroad company for damages for the death of her husband crushed by a locomotive between the tracks and a concrete wall, the negligence of the defendant, and the contributory negligence of the deceased are for the jury, and a verdict and judgment for plaintiff will be sustained, where the evidence for the plaintiff tends to show that immediately prior to the accident deceased came out of an industrial plant near a railroad track, that as he emerged he saw a locomotive slowly running backwards, hauling one car; the locomotive stopped and deceased continued on his way, walking ahead of the locomotive either on the track or on a generally well used and well beaten path located between the track and a concrete wall; that, after turning a curve, and when at a point where he could, not see the locomotive, and close to the door of an industrial plant, where the path was only three feet and eight inches wide, the locomotive came back of him, without warning, and the overhang of the car crushed him to death; and that the deceased might have taken another way, but that by this way he would have had to cross at least three sets of railroad tracks.</p>