Smith. v. McAdoo

Citations

• 266 Pa. 328
• 109 A. 759
• 1920 Pa. LEXIS 564

Syllabus

<p>Negligence — Railroads—Grade crossing accident — Contributory negligence of taxicab driver — Stop, looh and listen — Rebuttal by facts — Train in plain view. '</p> <p>1. A verdict was properly directed for' defendant in an action to recover damages for death of plaintiff's decedent caused when, early in the morning, he drove a taxicab over 'a railroad crossing and collided with a locomotive that was running backwards with the tender in front, where, although plaintiff’s witnesses testified that “it was dewey, like foggy, like early in the morning.....dark,” that the crossing gates were open, that neither the locomotive nor the tender carried a light, that no bell was sounded to give warning of approach, and that plaintiff’s decedent stopped and looked before crossing the first tracks, such witnesses admitting a nearby electric arc light shed its rays so that a view could be had from 100 to 150 feet in the direction from which the locomotive was slowly approaching, and that the taxicab was pushed about 25 or 30 feet, within which distance the locomotive came to a standstill.</p> <p>2. In such a case it is vain to say that the deceased looked, for, if he had, he must have seen the locomotive in the direction from which it was approaching at the low rate of speed shown in plaintiff’s presentation of the case.</p>