Struble v. Pennsylvania Co.

Citations

• 226 Pa. 118
• 75 A. 17
• 1910 Pa. LEXIS 724

Syllabus

<p>Negligence — Railroads — Station—Passenger—Crossing track — Contributory negligence.</p> <p>1. The rule “stop, look and listen” is not to be rigorously applied to a passenger at a station going to or from his train.</p> <p>2. When at a station an intending passenger awaits his train, he has a right to assume that the railroad company will perform its duty of exercising the strictest vigilance to protect him from being injured either by the train he intends to take or by one passing through the station before it arrives.</p> <p>3. Where a passenger is required at a station to cross an intervening track in order to take his train, and in doing so, after notice by the station agent of the approach of his train, is stopped by a locomotive passing on the intervening track, emitting smoke and steam and going at a high rate of speed, and he then proceeds to cross, and is struck by the locomotive of the train which he intends to take, and is killed, the question of his contributory negligence is for the jury.</p>