Toner v. Pennsylvania Railroad

Citations

• 263 Pa. 438
• 106 A. 797
• 1919 Pa. LEXIS 449

Syllabus

<p>Negligence — Railroads • — Violating rules — Contributory negligence — Infants—Evidence.</p> <p>1. One who is hurt while endeavoring to save children from probable injury due to defendant’s negligence, is not guilty of contributory negligence, unless the risk which he undertakes would appear so hazardous as to be condemned by the judgment of a prudent person. Corbin v. Philadelphia, 195 Pa. 461, approved and followed.</p> <p>2. A railroad company backing its train in a public street of a closely built portion of a city, knowing that children were in the habit of playing upon its tracks, is bound to exercise reasonable care so as to avoid injury to them.</p> <p>3. A violation of the rules of the defendant company, in force at the time, is evidence of the negligence of its employees, which the court cannot withhold from the consideration of the jury.</p>