Steele v. Lake Shore & Michigan Southern Railway Co.

Citations

• 238 Pa. 295
• 86 A. 201
• 1913 Pa. LEXIS 958

Syllabus

<p>Negligence — Railroads—Persons on tracks — Crossings—Permissive crossings — Notice to train crew — Contributory negligence— Question for fury.</p> <p>1. Where a railroad company has knowledge that the' public has for many years used a path across its right of way and no objection has been made to such use, and it is clear that it was used with the railroad’s consent, it becomes the duty of the railroad to exercise its rights in view of the circumstances so as not to mislead persons to their injury without a proper warning of its intention to recall its permission.</p> <p>2. In an action against a railroad company to recover damages for personal injuries sustained by the plaintiff while crossing the defendant company’s tracks, the case is for the jury and a verdict for the plaintiff will be sustained where it appears that at the point where the accident occurred the defendant company maintained three tracks, one of which was a siding for the storage of cars; that there were admittedly two permissive crossings over these tracks, about 150 feet apart; that the nearer crossing was frequently blocked by standing cars and that when this occurred the public invariably passed around the rear end of the train at a point about midway between the two, depending upon the position of the end ear; that these crossings were in part for the convenience of the employees of an industrial plant, part of the works of which were located on both sides of the tracks, at which the plaintiff was employed, and his duties required him to use these crossings frequently every day; that no objection had ever been made to such use of the crossings and that they were used with the defendants’ knowledge and consent; that while the plaintiff, exercising due vigilance, was attempting to pass around a freight train which obstructed the nearer crossing, the train was suddenly moved without warning and struck and injured him; and that subsequently, and after the trainman had notice of his position an