Tressler v. Baltimore & Ohio Railroad

Citations

• 40 Pa. Super. 224
• 1909 Pa. Super. LEXIS 594

Syllabus

<p>Negligence — Railroads—Grade crossings — “Stop, look and listen”— Question for jury.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, it appeared that at the time of the accident the deceased was driving alone a two-horse wagon, and that upon approaching a grade crossing he stopped, looked and listened at the usual and ordinary place for stopping. The evidence was conflicting as to what occurred afterwards. There were three tracks at the crossing, and a side track upon which cars were standing. The place where the deceased stopped was eight or ten feet lower than the railroad tracks. There was evidence that if the deceased had stopped at the edge of the track he could have seen 500 feet. The horses had cleared two tracks before the wagon was struck. The evidence tended to show that no whistle was sounded as the train approached the crossing. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>