Unger v. Philadelphia, Baltimore & Washington Railroad

Citations

• 217 Pa. 106
• 66 A. 235
• 1907 Pa. LEXIS 663

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Presumptions—Evidence.</p> <p>A mere presumption of due care on the part of a person killed at a railroad crossing is met by a presumption of equal force of like care on the part of those in charge of the train; or it may be entirely overcome if the facts and circumstances clearly established admit of no other conclusion than that if he had stopped, looked and listened, he would have seen the train. Whether the presumption has been rebutted is for The jury, unless the evidence to the contrary is clear, positive and credible, and either uncontradicted or so indisputable in weight and amount as to justify the court in holding fhat a verdict against it must be set aside as a matter of law.</p> <p>In an action of trespass against a railroad company to recover damages for death of plaintiff’s husband at a grade crossing, it appeared that the plaintiff at the time of the accident was riding in a butcher’s wagon, which was struck by the rear end of a work train of six or seven ears, which was moving backwards. None of plaintiff’s witnesses saw the accident. There was evidence that the night was dark, foggy and rainy, that no notice of the approach of the train was given by bell or whistle, that the safety gate was up, th,at there was no light at the crossing, and that the only light on the rear of the train was a lantern on the platform of the last car. Defendant offered proof that there were three points near the tracks, but separated by intervening sheds or buildings from which a view of the track for half a mile could be had, that the train could be easily seen in motion, and that the deceased had been warned by the watchman of the approach of the . train, and had disregarded the warning. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>