Tabor v. Philadelphia & Reading Railway Co.

Citations

• 266 Pa. 302
• 110 A. 162
• 1920 Pa. LEXIS 556

Syllabus

<p>Negligence — Railroads—Grade crossing — Passageway between depot and platform, — Gate—Overhead bridge — Licensee—Duty to warn licensee — Contributory negligence — Choice of ways — Foggy weather.</p> <p>1. One who uses a grade passageway, leading from a railroad station to the platform on the opposite side of the tracks at a point in the intertrack fence where there is a gate partly open, for the purpose of getting a package left by the railway company upon the platform, when there are stairways on either side of the tracks to an overhead bridge, is at most a mere licensee to whom the railway company owes only .the duty to abstain from inflicting upon him either intentional or wanton or wilful injury by the operation of its trains.</p> <p>2. One who attempts to use such crossing in a dense fog when he could have reached the platform by the overhead bridge, is guilty of such negligence as to preclude Recovery for injuries ¡sustained by being struck by a train.</p>